Smith v. Social Security Administration et al
ORDER: To the extent that Plaintiff's 22 Objections can be considered a motion for reconsideration, the motion is denied. The Court additionally denies Plaintiff's motion for appointment of counsel. Signed by Judge Susan Webber Wright on 2/6/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CAROLYN W. COLVIN, Acting Commissioner,
Social Security Administration
Noting that no objections had been filed, the Court, by Order and Judgment entered
January 28, 2014 [doc.#’s 20, 21], adopted in full the Proposed Findings and Recommendations
(F&R) received from Magistrate Judge Joe J. Volpe and dismissed pro se plaintiff Kiara Smith’s
action without prejudice. In the F&R, which recommended that plaintiff’s action be dismissed
for failing to file a brief as ordered, Judge Volpe noted that plaintiff “may still file a brief with
his Objections to this [F&R] within the fourteen day time period allowed.”
Plaintiff subsequently filed untimely objections to the Judge Volpe’s F&R and a motion
for the appointment of counsel [doc.#22]. But even if plaintiff’s objections were timely, he still
has not filed a brief and his objections are not responsive to either the F&R or Judge Volpe’s
September 6, 2013 Scheduling Order [doc.#18].1
To the extent plaintiff’s objections can be considered a motion for reconsideration, the
Judge Volpe’s Scheduling Order provides that “[b]riefs should provide a history of the
administrative proceedings and statement of facts and identify specific points for appeal together
with relevant law and argument. They should include citations of legal authority in support of
arguments made. These citations should include specific page references within the case where
the cited point is discussed. Briefs should also include citations to referenced portions of the
transcript supporting the party’s arguments.” Plaintiff’s objections largely consist of quotations
of various statutes.
motion is denied. The Court additionally denies plaintiff’s motion for the appointment of
IT IS SO ORDERED this 6th day of February 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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