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)

Download PDF
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)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?