Fisher v. Colvin

Filing 26

ORDER denying without prejudice 21 Motion for Summary Judgment. IT IS FURTHER ORDERED that Plaintiff may file a revised Motion for Summary Judgment and supporting Memorandum of Law on or before February 10, 2017. Signed by Magistrate Judge David Keesler on 1/30/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-249-DCK
CARLTON FISHER,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT regarding “Plaintiff’s Motion For Summary
Judgment …” (Document No. 21) and Plaintiff’s “Status Report” (Document No. 25). The parties
have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate
review is appropriate. Having carefully considered the motion and the record, the undersigned
will deny the pending motion without prejudice, and allow Plaintiff additional time to file a revised
Motion for Summary Judgment and supporting Memorandum of Law.
The undersigned’s previous “Order” (Document No. 24) intended to deny the pending
motion for summary judgment without prejudice based on Plaintiff’s failure to abide by the Rules
of this Court, and required Plaintiff to file a Status Report. See (Document No. 24). It appears the
pending motion still needs to be terminated. However, Plaintiff has finally filed his “Status
Report” (Document No. 25) as directed.
Based on Plaintiff’s “Status Report,” the Court will sua sponte re-set the deadlines for this
case. Further extensions are unlikely to be granted. Moreover, Plaintiff shall not make any filings
in this case without first consulting with his local counsel.

IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion For Summary Judgment …”
(Document No. 21) is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff may file a revised Motion for Summary
Judgment and supporting Memorandum of Law on or before February 10, 2017. See Local Rule
7.1 (D) and “Social Security Briefing Order” 3:13-MC-198 (W.D.N.C. Dec. 16, 2013). A revised
motion and memorandum must comply with the Local Rules, including the Court’s page
limitation. Plaintiff is respectfully advised to focus on his strongest arguments.
Defendant shall file its Motion for Summary Judgment and Memorandum of Law within
sixty (60) days of Plaintiff’s filing.
SO ORDERED.
Signed: January 30, 2017

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