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MILLS v. ASTRUE, 3:12CV00034 BD. (2012)

Court: District Court, E.D. Arkansas Number: infdco20120730416 Visitors: 18
Filed: Jul. 27, 2012
Latest Update: Jul. 27, 2012
Summary: ORDER BETH DEERE, Magistrate Judge. Plaintiff Mary Mills filed this action on February 2, 2012. (docket entry #2) The Commissioner answered the complaint on April 22, 2012 and filed an administrative transcript on April 23, 2012. (#7 and #9) On June 5, 2012, Plaintiff's counsel requested, and the Court granted, a stay of the briefing schedule because the administrative transcript was incomplete. (#11 and #12) On June 19, 2012, the Commissioner agreed that the transcript was incomplete and st
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ORDER

BETH DEERE, Magistrate Judge.

Plaintiff Mary Mills filed this action on February 2, 2012. (docket entry #2) The Commissioner answered the complaint on April 22, 2012 and filed an administrative transcript on April 23, 2012. (#7 and #9)

On June 5, 2012, Plaintiff's counsel requested, and the Court granted, a stay of the briefing schedule because the administrative transcript was incomplete. (#11 and #12) On June 19, 2012, the Commissioner agreed that the transcript was incomplete and stated that he would direct his case preparation branch to expeditiously prepare and file the supplemental transcript. (#13) Over a month has passed, and there is no notice of the filing of a supplemental transcript.1 It appears the only thing missing from the filed transcript was medical exhibits referenced in the administrative decision. (#11)

The Commissioner has twenty-one (21) days from the entry of this Order to file a complete, supplemental transcript. In the absence of a complete, supplemental transcript, the Court will remand this case to the Commissioner.

FootNotes


1. More than fifty days have passed since Plaintiff put the Commissioner on notice that the transcript was incomplete.
Source:  Leagle

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