Surles v. Social Security Administration

Filing 12

ORDER FOR AMENDED COMPLAINT directing Surles to file an amended complaint to reflect herself as the plaintiff and to refer to R.E.S. by initials. Surles may make no substantive changes to her complaint. Surles must file her complaint by December 30, 2015. In lieu of filing an answer to the amended complaint, the Commissioner may notify the Court of her intent to rely on her earlier pleadings. Signed by Magistrate Judge J. Thomas Ray on 12/14/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION Paula Jean Surles on behalf of R.E.S., a minor child v. Plaintiff No. 3:14CV00244 BSM-JTR Carolyn W. Colvin, Acting Commissioner, Social Security Administration Defendant ORDER FOR AMENDED COMPLAINT This order addresses an error in the pleadings for this case. Paula Jean Surles filed this case to seek judicial review of the denial of her application for supplemental security income for her minor daughter, R.E.S. The complaint names R.E.S. as the plaintiff, but R.E.S. lacks capacity to sue. In addition, the complaint does not comply with Federal Rule of Civil Procedure 5.2 directing parties to protect a child’s privacy by identifying her by initials. To correct these matters, the court directs Surles to file an amended complaint to reflect herself as the plaintiff and to refer to R.E.S. by initials. Surles may make no substantive changes to her complaint. Surles must file her complaint by December 30, 2015. In lieu of filing an answer to the amended complaint, the Commissioner may notify the court of her intent to rely on her earlier pleadings. It is so ordered this 14th day of December, 2015. ___________________________________ United States Magistrate Judge 2

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