Jeffries v. Commissioner of Social Security

Filing 9

ORDER/OPINION; Court ORDERED on or before February 13, 2013, Plaintiff shall, in writing, show good cause, if any she can, why she failed to timely file her Motion for Summary Judgment and Memorandum in Support in accord with the Local Rule. Signed by Magistrate Judge John S. Kaull on 1/31/2013. (Copy counsel of record via CM/ECF)(jmm)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
AMY DAWN JEFFRIES,
Plaintiff,
v.

CIVIL ACTION NO. 1:12CV162

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER/OPINION
On October 16, 2012, the plaintiff, Amy Dawn Jeffries, by Montie VanNostrand, her
attorney, filed a Complaint in this matter [DE 1]. On December 17, 2012, Defendant filed his
Answer to the Complaint, along with a copy of the Transcript of the Administrative Proceedings in
this matter [DE 5, 6, 7].
Plaintiff is directed to Local Rule of Civil Procedure 9.02(c), which provides:
Within thirty (30) days after the defendant has filed an answer and a
complete copy of the administrative record, the plaintiff shall file a
Motion for Summary Judgment and Memorandum in Support setting
forth his or her claim(s) for relief. The plaintiff shall serve copies of
his or her Motion for Summary Judgment and Memorandum in
Support upon the United States Attorney’s Office.
Plaintiff’s Motion for Summary Judgment was therefore due on or before January 16, 2013.
A review of the docket reveals Plaintiff had not filed her Motion for Summary Judgment and
Memorandum in Support thereof as of January 30, 2013.
It is therefore ORDERED that:
On or before February 13, 2013, Plaintiff shall, in writing, show good cause, if any she can,
why she failed to timely file her Motion for Summary Judgment and Memorandum in Support in

accord with the Local Rule. Failure to do so will result in the undersigned recommending to the
District Judge that this case be dismissed for failure to prosecute the same.
The Clerk is directed to send a copy of this Order to counsel of record.

DATED: January 31, 2013.
s/John S. Kaull
JOHN S. KAULL
UNITED STATES MAGISTRATE JUDGE