Cain v. Social Security Administration et al

Filing 14

ORDER directing Cain to file her brief by 8/1/2018. Signed by Magistrate Judge Patricia S. Harris on 07/12/2018. (jak)

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

v.

PLAINTIFF

NO. 3:17-cv-00249 DPM-PSH

NANCY A. BERRYHILL, Acting Commissioner
of the Social Security Administration

DEFENDANT

ORDER

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 this 12th day of July, 2018.

UNITED STATES MAGISTRATE JUDGE

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