Filed: Jul. 12, 2018
Latest Update: Jul. 12, 2018
Summary: ORDER PATRICIA S. HARRIS , Magistrate Judge . On September 19, 2017, plaintiff Sherry Cain ("Cain") began this case by filing a pro se complaint pursuant to 42 U.S.C. 405(g). In the complaint, she challenged the final decision of the Acting Commissioner of the Social Security Administration ("Commissioner"). The issues were joined on December 15, 2017, when the Commissioner filed an answer and thereafter filed a transcript of the administrative proceeding. On December 28, 2017, the Court
Summary: ORDER PATRICIA S. HARRIS , Magistrate Judge . On September 19, 2017, plaintiff Sherry Cain ("Cain") began this case by filing a pro se complaint pursuant to 42 U.S.C. 405(g). In the complaint, she challenged the final decision of the Acting Commissioner of the Social Security Administration ("Commissioner"). The issues were joined on December 15, 2017, when the Commissioner filed an answer and thereafter filed a transcript of the administrative proceeding. On December 28, 2017, the Court ..
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ORDER
PATRICIA S. HARRIS, Magistrate Judge.
On September 19, 2017, plaintiff Sherry Cain ("Cain") began this case by filing a pro se complaint pursuant to 42 U.S.C. 405(g). In the complaint, she challenged the final decision of the Acting Commissioner of the Social Security Administration ("Commissioner"). The issues were joined on December 15, 2017, when the Commissioner filed an answer and thereafter filed a transcript of the administrative proceeding. On December 28, 2017, the Court issued a scheduling order. See Docket Entry 13. In the order, Cain was directed to file a brief on or before February 8, 2018. She was warned that her failure to file a timely brief could result in the dismissal of this case for failure to prosecute.
February 8, 2018, has long since come and gone, and Cain has not filed a brief. She is now given up to, and including, August 1, 2018, to file a brief in which she explains why the Commissioner's final decision is not supported by substantial evidence on the record as a whole. In the event Cain fails to file a brief by August 1, 2018, a brief in which she explains why the Commissioner's final decision is not supported by substantial evidence on the record as a whole, the Court will recommend that her complaint be dismissed.
IT IS SO ORDERED.
