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Jose A. Ureno, Sr v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 4, 2011

JOSE A. URENO, SR.,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER SETTING BRIEFING SCHEDULE REGARDING DEFENDANT'S MOTION TO DISMISS

On November 19, 2010, Plaintiff Jose A. Ureno, Sr. ("Plaintiff") filed a complaint seeking review of a decision of the Commissioner of Social Security. (Doc. 1.) On April 1, 2011, the Commissioner of Social Security ("Defendant") filed a motion to dismiss for lack of jurisdiction. Defendant claims that Plaintiff failed to exhaust his administrative remedies before filing his complaint in this Court.

Accordingly, the Court HEREBY ORDERS THAT:

1. Plaintiff shall file an opposition brief or statement of non-opposition on or before April 20, 2011;

2. Defendant may file an optional reply brief on or before April 27, 2011; and

3. Upon review of the parties' briefs, the Court will set a hearing if necessary. IT IS SO ORDERED.

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20110404

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