Chapman v. Colvin
Filing
13
ORDER: If Plaintiff fails to file an Amended Complaint within 30 days from the date this Order is served, or fails to cure the deficiencies identified above, the Court will recommend that the Complaint be dismissed with prejudice. (Compliance due by 3/18/2017.) Signed by Magistrate Judge G. R. Smith on 2/16/17. (jlm)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
JACQUELINE E. CHAPMAN,
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)
Plaintiff,
)
)
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CV416-272
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CAROLYN L. COLVIN, Acting
Commissioner of Social Security,
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Defendant.
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ORDER
Proceeding pro
Se,
Jacqueline Chapman has filed a complaint
asking the Court to review the denial of her social security disability
claim. Doe. 1. Upon screening, the Court ordered plaintiff to amend
her complaint to cure several deficiencies. Doc. 11. Chapman filed an
amended complaint, indicating that her complaint was timely filed
pursuant to 42 U.S.C. § 405(g). She contends that she requested, and
received, permission from the Social Security Administration to file her
complaint outside of the sixty-day limitations period. Doc. 12 at 2;
see
20 C.F.R. § 422.210(c) (the Appeals Council may grant an extension of
time for "good cause").
Chapman does not, however, attach any proof of either the request
itself, or the Social Security Administration's authorization to file a late
complaint. And the Court cannot proceed without such proof. Given
her pro se status, and in view of Fed. R. Civ. P. 15(a)'s admonition to
give leave freely "when justice so requires," the Court will give
Chapman one more chance to demonstrate that her Complaint is
timely. She must attach to a new Amended Complaint evidence that
she requested (and received) permission to file a late complaint -- either
she has a copy of the Appeals Council's grant of an extension of time or
she may request a copy from her regional Social Security
Administration office. But she must provide the Court with such proof
before her claim can proceed.
To that end, plaintiff is reminded that her Amended Complaint
will supersede her original Complaint, so it must be complete in itself.
See Malowney v. Fed. Collection Deposit Grp, 193 F.3d 1342, 1345 n.1
(11th Cir. 1999) ("An amended complaint supersedes an original
complaint"); Varnes v. Local 91, Glass Bottle Blowers Assn of U.S. &
Canada, 674 F.2d 1365, 1370 n.6 (11th Cir. 1982) ("As a general rule, an
amended complaint supersedes and replaces the original complaint
unless the amendment specifically refers to or adopts the earlier
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pleading"). Once she files an Amended Complaint, her original pleading
will no longer serve any function in this case other than establishing a
filing-date benchmark.
In her Amended Complaint, Plaintiff must sufficiently allege facts
demonstrating both that (1) she received permission to file her
complaint late; and (2) she is entitled to relief.' If Plaintiff fails to file
an Amended Complaint within 30 days from the date this Order is
served, or fails to cure the deficiencies identified above, the Court will
recommend that the Complaint be dismissed with prejudice.
SO ORDERED, this 16th clay of February, 2017.
UNiTED STATES MAGISTRATE JUDGE
SOUTHERN DLSTRICT OF GEORGIA
1
To demonstrate entitlement to relief, plaintiff must set forth: (1) a short, plain
description of her alleged physical or emotional impairments, when she contends they
became disabling, and how the impairments prevent her from working; (2) a
summary of the administrative proceedings before the Social Security
Administration; and (3) a short, separate statement of each of her legal claims
explaining why the evidence does not support the Social Security Administration's
findings and denial of benefits.
3
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