Ford v. Colvin

Filing 10

ORDER denying 9 Motion for More Definite Statement. Signed by Magistrate Judge G. R. Smith on 10/29/14. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

QUANDARIS FORD,
Plaintiff,
Case No. CV414-056

V.

CAROLYN COLVIN,
Commissioner of Social Security,
Defendant.

ORDER
Presently before the undersigned is the Commissioner's Fed. R.
Civ. P. 12(e) motion for a more definite statement. (Doc. 9.) Although it
stands unopposed by operation of S.D. Ga. LR 7.5, it is still denied.
The Commissioner represents that plaintiff Quandaris Ford's
complaint violates Fed. R. Civ. P. 8 by failing to provide fair notice of his
claim and the grounds upon which it rests. (Doe. 9 at 2 (quoting Bell Ati.

Corp. v. Twombly, 550 U.S. 544, 555 (2007)).) To the contrary, the
complaint explicitly seeks review of a denial of Social Security benefits.

Ford has even attached the "notice of appeals council action" denying
review of the Administrative Law Judge's decision denying benefits.
(Doc. 1-1 at 6, 9.) Clearly, plaintiff seeks review under 42 U.S.C. § 405(g)
of the decision denying benefits. He has explicitly stated that the
Commissioner's decision denying him benefits was "without substantial
evidence." (Doc. 1 at 3.)
For that matter, the Commissioner has regularly accepted two-page
complaints stating, simply, that the plaintiff has exhausted
administrative remedies and challenges the Commissioner's decision for
lack of substantial evidence. See, e.g., Bailey v. Colvin, No. CV413-202,
doe. 1 (S.D. Ga. Sept. 5, 2013). If anything, this complaint, taken along
with its attachments, is better than the average social security complaint
that the Court receives.
Finally, the Court long ago devised a briefing scheme that is
triggered upon the Commissioner's filing of an answer. Within that
briefing cycle plaintiffs normally clarify their grounds for relief. The
Court sees no reason to depart from that practice now by ordering Ford
to re-cast his complaint prior to reaching the briefing stage. The

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Commissioner's motion for a more definite statement (doe. 9) is therefore

DENIED.
SO ORDERED this

R?

day of October, 2014.

UNITED STAffkS MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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