Mills v. Social Security Administration

Filing 14

ORDER advising the Commissioner that he has 21 days from the entry of this Order to file a complete supplemental transcript. If that is not filed, the Court will remand this case to the Commissioner. Signed by Magistrate Judge Beth Deere on 7/27/2012. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION MARY MILLS V. PLAINTIFF CASE NO.: 3:12CV00034 BD MICHAEL J. ASTRUE, Commissioner, Social Security Administration DEFENDANT ORDER 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) 1 More than fifty days have passed since Plaintiff put the Commissioner on notice that the transcript was incomplete. 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. DATED this 27th day of July, 2012. ___________________________________ UNITED STATES MAGISTRATE JUDGE 2

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