Johnson v. Berryhill

Filing 22

ORDER accepting the late filing of Plaintiff's 21 Brief; Deputy Commissioner shall have 45 days from the date of this Order to file her brief in accordance with the Court's 18 Order. (Compliance due by 9/3/2018.) Signed by Magistrate Judge Brian K. Epps on 07/20/2018. (jlh)

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

JIMMY D. JOHNSON,

)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL, Deputy
)
Commissioner for Operations of the Social
)
Security Administration, Performing the
)
Duties and Functions Not Reserved to the
)
Commissioner of Social Security,
)
)
Defendant.
)
_________

CV 318-007

ORDER
_________
Plaintiff filed the above-captioned social security appeal pro se on January 30, 2018,
and was granted permission to proceed in forma pauperis. (Doc. nos. 1, 2, 5, 6.) Thereafter,
the Deputy Commissioner filed her answer and submitted the transcript of the administrative
proceedings. (Doc. nos. 16-17.) On June 13, 2018, 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. 18, p. 1.) When Plaintiff failed to
file his brief by the stated deadline, the Court entered an Order on July 17, 2018, directing
Plaintiff to show cause within 14 days why his case should not be dismissed for failure to
prosecute. (Doc. no. 19.)
After entry of that show cause order, Plaintiff filed his brief in support of his appeal

(doc. no. 21), but did not otherwise offer any response to the Court’s July 17th 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 Deputy Commissioner shall have forty-five days from the date of
this Order to file her brief in accordance with the Court’s June 13th Briefing Order.
SO ORDERED this 20th day of July, 2018, at Augusta, Georgia.