Campbell v. Berryhill

Filing 18

ORDER that within 14 days of the date this Order is served, plaintiff shall file his opening brief or face a recommendation of dismissal of this action. Signed by Magistrate Judge G. R. Smith on 2/15/18. (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
GERALD CARMICHEAL
CAMPBELL,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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FILED
Scott L. Poff, Clerk
United States District Court

By James Burrell at 3:36 pm, Feb 15, 2018

CV417-094

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ORDER
Plaintiff has filed yet another letter complaining that this Court
has not appointed counsel and he is unable to pursue relief pro se. Doc.
17. He has not, however, attempted to comply with the Court’s order
that he file his opening brief setting forth his entitlement to relief.
Plaintiff will be given one final opportunity to do so. Within 14 days of
service of this Order, he must file his written brief setting forth all errors
which he contends the Social Security Administration made in denying
his claim. Using the Administrative Record of his claim for disability
benefits, plaintiff must provide a brief to this Court and to defendant
including:

(a) A statement of the issues presented for review, set forth in
separate numbered paragraphs.
(b) A statement of the case. This statement should indicate briefly
the course of the proceedings and its disposition at the
administrative level and should set forth a general statement of the
facts.
This statement of facts shall include plaintiff's age,
education, and work experience; a summary of physical and mental
impairments alleged; a brief outline of the medical evidence; and a
brief summary of other evidence of record. Each statement of fact
shall be supported by reference to the page in the record where the
evidence may be found.
(c) An argument. The argument shall be divided into sections
separately treating each issue and must set forth the contentions of
plaintiff with respect to the issues presented and reasons therefor.
Each contention must be supported by specific reference to the
portion of the record relied upon and by citations to statutes,
regulations, and cases supporting plaintiff's position. CM/ECF
citations are encouraged. Citations to unreported appellate or
district court opinions must be accompanied by a copy of the
opinion if the case is unavailable on Westlaw.
(d) A short conclusion stating the relief sought.
The issues before the Court are limited to the issues properly raised in
the briefs. Defendant will then respond to plaintiff’s brief, and the Court
will address his claim on the merits. But plaintiff must set forth in
writing what the administrative law judge got wrong about his
impairments (prostate surgery, medication side effects, and gout) and the
medical evidence (crediting the consultative examiner’s opinion that he
was not disabled). Doc. 8.
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Within 14 days of the date this Order is served, plaintiff shall file
his opening brief or face a recommendation of dismissal of this action.
See Fed. R. Civ. P. 41(b); S.D. Ga. L.R. 41.1(c).; Link v. Wabash R.R. Co.,
370 U.S. 626, 630-31 (1962) (courts have the inherent authority to
dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Coop, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457,
1458 (11th Cir. 1983); Floyd v. United States, CV491-277 (S.D. Ga. June
10, 1992). He will not receive any further chances.
SO ORDERED, this 15th day of February, 2018.

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