Griffin v. Colvin

Filing 15

ORDER that the Acting Commissioner shall have forty-five days from the date of this Order to file her brief in accordance with the Court's May 1st Briefing Order. Defendant's Brief due by 9/1/2017. Signed by Magistrate Judge Brian K. Epps on 07/18/2017. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

LARRY JIMMY GRIFFIN,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.

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CV 116-209

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ORDER
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Plaintiff filed the above-captioned social security appeal pro se on December 16,
2016, and was granted permission to proceed in forma pauperis.

(Doc. nos. 1, 2, 3.)

Thereafter, the Commissioner filed her answer and submitted the transcript of the
administrative proceedings. (Doc. nos. 8, 9.) On May 1, 2017, the Court issued a Briefing
Order in which Plaintiff was directed to “serve and file a brief setting forth all errors which
Plaintiff contends entitle him to relief” within 30 days. (Doc. no. 10, p. 1.) Upon Plaintiff’s
motion, the Court extended the deadline for Plaintiff to file his brief to June 30, 2017. (Doc.
no. 12.) When Plaintiff failed to file his brief by the new stated deadline, the Court entered
an Order on July 3, 2017 directing Plaintiff to show cause within 14 days why his case
should not be dismissed for failure to prosecute. (Doc. no. 13.)
After entry of that show cause order, Plaintiff filed his brief in support of his appeal

(doc. no. 14), but did not otherwise offer any response to the Court’s July 3rd Order in the
form of an explanation of cause for the tardiness. Although the Court does not condone the
late filing of Plaintiff’s brief, upon consideration, the Court accepts Plaintiff’s brief, and this
case shall proceed. The Acting Commissioner shall have forty-five days from the date of this
Order to file her brief in accordance with the Court’s May 1st Briefing Order.
SO ORDERED this 18th day of July, 2017, at Augusta, Georgia.