Chunn v. Social Security Administration

Filing 20

ORDER directing Plaintiff to file an Appeal Brief with the Court on or before November 5, 2012. The Appeal Brief should be in the form directed by the Court's March 6, 2012 Scheduling Order. Plaintiff's failure to do so will result in dismissal of her case for failure to prosecute. ( Appellant Brief due by 11/5/2012). Signed by Magistrate Judge J. Thomas Ray on 10/5/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

TEARETHA CHUNN
V.

PLAINTIFF
NO. 3:11CV00287 BSM-JTR

MICHAEL J. ASTRUE,
Commissioner, Social
Security Administration

DEFENDANT

ORDER
On March 6, 2012, the Court entered a Scheduling Order directing Plaintiff,
who is proceeding pro se, to file a brief on or before April 17, 2012. (Docket entry
#15.) The Order specifically advised Plaintiff that her brief should: (1) provide a
history of the administrative proceedings; (2) provide a statement of the facts; (3)
identify specific points for appeal together with relevant law and argument; (4)
include citations of legal authority in support of her arguments; (5) include specific
page references within the cited cases where the legal point is discussed; and (6)
include citations to referenced portions of the administrative transcript1 supporting her
arguments.
The Order advised Plaintiff that her failure to file a timely brief could result in
1

The Commissioner has filed the certified transcript of the administrative
proceeding in Plaintiff’s case, stating that he served a copy of the transcript on Plaintiff.
(Docket entry #13.)

dismissal of her case for failure to prosecute. Plaintiff did not file her brief as ordered
by the Court.
On September 5, 2012, the Court ordered Plaintiff to show cause why her case
should not be dismissed for failure to prosecute this action. Plaintiff responded by
stating that she had recently moved to Jonesboro, was still receiving medical
treatment, and was not able to work full-time on any job. She said she had faxed a
copy of the Scheduling Order to the Binder & Binder law firm. (Docket entry #18.)
However, Plaintiff is proceeding pro se in this action, and no attorney or law firm has
entered an appearance on her behalf. It is her responsibility to comply with all orders
of the Court and to ensure that her case proceeds.
Accordingly, Plaintiff is ORDERED to file an Appeal Brief with the Court
on or before November 5, 2012. The Appeal Brief should be in the form directed
by the Court’s March 6, 2012 Scheduling Order, as repeated above.
Plaintiff’s failure to file an Appeal Brief by November 5, 2012, will result
in dismissal of her case for failure to prosecute.
DATED this 5th day of October, 2012.

_____________________________________
UNITED STATES MAGISTRATE JUDGE

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