Filed: Sep. 04, 2018
Latest Update: Sep. 04, 2018
Summary: ORDER G.R. SMITH , Magistrate Judge . Plaintiff filed his Complaint seeking review of a final decision of the Commissioner of Social Security and motion to proceed in forma pauperis (IFP) in March 2018. Docs. 1 & 2. The Court, after screening, granted IFP and permitted his Amended Complaint to be served by the United States Marshal. Doc. 8. Plaintiff was also served with this Court's General Order in Social Security Appeals, which sets forth the briefing schedule and requirements to whic
Summary: ORDER G.R. SMITH , Magistrate Judge . Plaintiff filed his Complaint seeking review of a final decision of the Commissioner of Social Security and motion to proceed in forma pauperis (IFP) in March 2018. Docs. 1 & 2. The Court, after screening, granted IFP and permitted his Amended Complaint to be served by the United States Marshal. Doc. 8. Plaintiff was also served with this Court's General Order in Social Security Appeals, which sets forth the briefing schedule and requirements to which..
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ORDER
G.R. SMITH, Magistrate Judge.
Plaintiff filed his Complaint seeking review of a final decision of the Commissioner of Social Security and motion to proceed in forma pauperis (IFP) in March 2018. Docs. 1 & 2. The Court, after screening, granted IFP and permitted his Amended Complaint to be served by the United States Marshal. Doc. 8. Plaintiff was also served with this Court's General Order in Social Security Appeals, which sets forth the briefing schedule and requirements to which all Social Security appeal plaintiffs (whether pro se or represented by counsel) must adhere. Doc. 4. That Order explains that within 30 days of the lodging of the Administrative Record and filing of defendant's answer to the complaint, plaintiff must file his opening brief setting forth his entitlement to relief. The Record was lodged and answer filed on July 27, 2018, yet plaintiff has not filed his opening brief or requested more time to do so. It is, in short, unclear whether he intends to prosecute his case.
Within 14 days of the date this Order is served, plaintiff shall either: (1) file his opening brief, or (2) otherwise show cause why this case should not be dismissed on inactivity and, thus, abandonment grounds. See Fed. R. Civ. P. 41(b); S.D. Ga. L.R. 41.1(c).; Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (courts have the inherent authority to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States, CV491-277 (S.D. Ga. June 10, 1992). Failure to respond to this Order will result in a recommendation of dismissal of this action. The Clerk is further DIRECTED to serve plaintiff with an additional copy of the Court's General Order in Social Security Appeals, to re-apprise plaintiff of the requirements of his opening brief.
SO ORDERED.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA
CASE NO. ________________
GENERAL ORDER FOR SOCIAL SECURITY APPEALS
Pursuant to 28 U.S.C. § 636(b) and this Court's Local Rule 72.3(a), this appeal from the final decision of the Commissioner of Social Security denying plaintiff's claim for Social Security benefits has been referred to the Magistrate Judge for review and recommendation as to disposition.
Upon the filing of the defendant's answer and certified copy of the transcript of the administrative proceedings, briefing shall conform to the following schedule:
(1) Within thirty days from the filing of the Answer and administrative record, plaintiff shall serve and file a brief setting forth all errors which plaintiff contends entitle the plaintiff to relief.
(2) Within forty-five days after service of plaintiff's brief, defendant shall serve and file a brief which responds specifically to each issue raised by plaintiff.
(3) Plaintiff may file a brief in reply to the brief of defendant within fifteen days of service of defendant's brief.
Plaintiff's brief shall contain under the appropriate headings and in the order here indicated:
(a) A statement of the issues presented for review, set forth in separate numbered paragraphs.
(b) A statement of the case. This statement should indicate briefly the course of the proceedings and its disposition at the administrative level and should set forth a general statement of the facts. This statement of facts shall include plaintiff's age, education, and work experience; a summary of physical and mental impairments alleged; a brief outline of the medical evidence; and a brief summary of other evidence of record. Each statement of fact shall be supported by reference to the page in the record where the evidence may be found.
(c) An argument. The argument shall be divided into sections separately treating each issue and must set forth the contentions of plaintiff with respect to the issues presented and reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations, and cases supporting plaintiff's position. CM/ECF citations are encouraged. Citations to unreported appellate or district court opinions must be accompanied by a copy of the opinion if the case is unavailable on Westlaw.
(d) A short conclusion stating the relief sought. The issues before the Court are limited to the issues properly raised in the briefs.
Defendant's brief shall conform to the requirements set forth above for plaintiff's brief, except that a statement of the issues and a statement of the case need not be made unless defendant is dissatisfied with plaintiff's statement thereof.
Arguments in the briefs should be short and succinct, citing by page in the transcript the necessary evidentiary support. Inasmuch as this circuit has formulated a fair body of law in social security cases, citations to Eleventh and former Fifth Circuit decisions will be expected. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981). CITE CASES FROM OTHER CIRCUITS ONLY WHERE THERE IS NO ELEVENTH CIRCUIT AUTHORITY OR IF IN ACCORDANCE WITH THIS CIRCUIT'S PRECEDENTS. BRIEFS FAILING TO COMPLY WITH THIS DIRECTIVE WILL BE DEEMED NONRESPONSIVE AND MAY BE RETURNED BY THE COURT.
Requests for remand must strictly comply with the provisions of 42 U.S.C. § 405(g). Remands should be designated as either "sentence four" or "sentence six" remands. Melkonyan v. Sullivan, 501 U.S. 89 (1991). Counsel are advised to read the discussion of remands set forth in Newsome v. Shalala, 8 F.3d 775 (11th Cir. 1993). Any requests for remand not clearly designated as proceeding under one or the other sentence will be deemed vague and unresponsive. The opposing party shall promptly make known its opposition or acquiescence to any request for remand.
Let a copy of this Order be served upon counsel for the parties.
SO ORDERED.
