Flower v. Commissioner of Social Security

Filing 14

ORDER that, within 60 days from the date of this Order, the Commissioner of Social Security shall file a brief in support of the Commissioner's position setting forth all contentions which deft believes entitles the Commissioner to relief; and t hat pltf shall then have 60 days after service of deft's brief, within which to serve and file a brief in support of pltf's position. Pltf is warned that her failure to file a responsive brief could result in dismissal of this action based upon apparent abandonment of her claim. ( Defendant Brief due by 9/18/2017) Signed by Magistrate Judge Daniel J. Stewart on 7/18/2017. (Copy served upon Marjorie A. Flower via regular mail on 7/18/2017)(see, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
MARJORIE A. FLOWER,
Plaintiff,
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Civ. No. 6:16-CV-1084
(DHN) (DJS)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

DANIEL J. STEWART
U.S. MAGISTRATE JUDGE
ORDER
In this action, Plaintiff Marjorie Flower moves pro se, pursuant to 42 U.S.C. § 405(g), for
review of a decision by the Commissioner of Social Security denying her application for disability
benefits. See Dkt. No. 1. On December 28, 2016, the Defendant filed the Administrative Record.
Dkt. No. 9. Thus, in accordance with General Order 18, the time by which Plaintiff needed to file her
Brief was set for February 12, 2017. After not receiving Plaintiff’s Brief, the undersigned, in light
of Plaintiff’s pro se status, sua sponte extended Plaintiff’s time to file her Brief to May 8, 2017. Dkt.
No. 11. Then, for good cause shown, the Court, upon Plaintiff’s request, extended the deadline to file
a Brief to June 5, 2017. Dkt. Nos. 12 & 13. To date, Plaintiff has not filed her Brief. In light of her
pro se status, the Court finds it prudent to have the Defendant file a Brief to which the Plaintiff could
respond.
WHEREFORE, based upon due consideration, it is hereby
ORDERED, that, within 60 days from the date of this Order, the Commissioner of Social
Security shall file a Brief in support of the Commissioner’s position setting forth all contentions which

Defendant believes entitles the Commissioner to relief; and it is further
ORDERED, that Plaintiff shall then have 60 days after service of Defendant’s Brief, within
which to serve and file a Brief in support of Plaintiff’s position. Plaintiff is warned that her failure
to file a responsive Brief could result in dismissal of this action based upon apparent abandonment
of her claim.
IT IS SO ORDERED.
Date: July 18, 2017
Albany, New York

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