Shumpert v. Colvin

Filing 4

ORDER denying 3 Motion for Judgment on the Pleadings. This Court will enter an order setting a briefing schedule once the answer to the complaint and administrative record have been filed. Accordingly, the instant motion should not remain pending on the docket, and the same is hereby denied without prejudice. Signed by Magistrate Judge Jane M. Virden on 9/12/16. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION

DONNIE WAYNE SHUMPERT

PLAINTIFF

V.

NO. 1:16CV00163-GHD-JMV

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER
Before the Court is Plaintiff’s Motion for Judgment on the Pleadings [3], filed September
7, 2016. The undersigned finds the motion is premature. First, nothing in this case indicates the
complaint has been served upon the defendant, and no answer has been filed. Indeed, there is
nothing indicating the defendant has been served with a copy of the instant motion. It would be
improvident for the Court to entertain the motion under these circumstances. Second, pursuant
to the local rules of this Court, proceedings in Social Security cases proceed in accordance with
the orders entered in these cases. See L.U.Civ.R. 81. This Court will enter an order setting a
briefing schedule once the answer to the complaint and administrative record have been filed.
Accordingly, the instant motion should not remain pending on the docket, and the same is hereby
denied without prejudice.
THIS, the 12th day of September, 2016.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE