Lucy v. Social Security Administration Commissioner

Filing 12

ORDER administratively terminating this matter pending the submission by the Social Security Administration Commissioner of a certified copy of the missing exhibits within 60 days from the date of this Order, as set forth. Signed by Honorable Erin L. Setser on February 29, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

HEATH R. LUCY

v.

PLAINTIFF

CIVIL NO. 10-3104

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT
ORDER

A cursory review of the transcript in this case reveals that Exhibits 12F through 20F are
missing from the transcript. Without these Exhibits, the Court cannot determine whether there
is substantial evidence in the administrative record to support the Commissioner's decision. See
42 U.S.C. § 405(g).
Accordingly, this matter will be administratively terminated pending the submission by
the Commissioner of a certified copy of the missing exhibits, within 60 days from the date of this
Order. In the event the Commissioner is unable to supplement or reconstruct the Exhibits, he
is directed to notify the Court via motion or notice of his inability to comply with the
requirements of this Order. Should the Commissioner be unable to supplement the record as
directed, within the time constraints set forth in the Court’s Order so directing, the Court will
then entertain an appropriate motion to remand.
DATED this 29th day of February 2012.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE

AO72A
(Rev. 8/82)