Dyamond, Sr. v. Commissioner of Social Security
Filing
14
ORDER - The Court's October 18, 2013 Report and Recommendation (doc. 12 ) is hereby RESCINDED. Plaintiff is afforded an additional period, up through and including November 15, 2013, to file any and all other doctor's reports, treatment n otes, or any other supporting evidence (including, but not limited to, a brief in support of his disability claims). Plaintiff is afforded an additional period, up through and including November 15, 2013, to file any and all other doctor's rep orts, treatment notes, or any other supporting evidence (including, but not limited to, a brief in support of his disability claims). the Clerk is instructed to send a copy of this Order via regular and certified mail to Plaintiff at his address listed on the docket sheet. Pursuant to this Order, the Clerk is directed to docket document 13, PageID 1503-05 as Plaintiffs Statement of Errors. Signed by Magistrate Judge Michael J Newman on 10/29/13. (pb1)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY R. DYMAOND, SR.,
Plaintiff,
Case No.: 3:13-CV-117
vs.
COMMISSIONER OF
SOCIAL SECURITY,
District Judge Timothy S. Black
Magistrate Judge Michael J. Newman
Defendant.
ORDER
This is a Social Security disability benefits appeal filed pro se.
Pursuant to Sixth
Amended Magistrate Judges’ General Order No. 11--a copy of which was previously mailed to
Plaintiff, see doc. 10--Plaintiff’s Statement of Errors was due on or before September 25, 2013.
When Plaintiff did not timely file his Statement of Errors, the Court, acting sua sponte and in the
interest of justice, afforded Plaintiff an additional fourteen days in which to file that document.
Doc. 9. In that Order, Plaintiff was directed to show cause why this appeal should not be
dismissed on account of his apparent lack of prosecution. See id. When no response was
forthcoming, the Court recommended, on October 18, 2013, that this appeal be dismissed on that
basis. Doc. 12. That October 18th Report and Recommendation (doc. 12) is now pending before
Judge Black for review.
On October 29, 2013, Plaintiff, still proceeding pro se, filed a document in response to
the Show Cause Order and in support of his disability claim. See doc. 13. Plaintiff has attached
to Document 13 an October 5, 2013 letter from Charles L. Walters, M.D. of Medical Disability
Consultants in Dayton, Ohio. Id. The Court, again acting in the interest of justice, construes this
letter from Dr. Walters as Plaintiff’s Statement of Errors. Id. Although the Statement of Errors
is thus untimely filed, the Court will accept it and allow this appeal to proceed. Accordingly, the
Court’s October 18, 2013 Report and Recommendation (doc. 12) is hereby RESCINDED.
Plaintiff is afforded an additional period, up through and including November 15, 2013,
to file any and all other doctor’s reports, treatment notes, or any other supporting evidence
(including, but not limited to, a brief in support of his disability claims). Plaintiff is ADVISED
that the purpose of his Statement of Errors is to explain to the Court any and all bases for his
contention that the Administrative Law Judge’s non-disability finding should be reversed and/or
why he should be awarded disability benefits.
Plaintiff is ADVISED that if he chooses not to file such documentation by the November
15, 2013 deadline, the Court will proceed to rule on the merits of his appeal and construe Dr.
Walters’s report (doc. 13, PageID 1503-05) as his Statement of Errors. The Commissioner shall
have until December 6, 2013 in which to file a memorandum in opposition. Plaintiff shall have
until December 13, 2013 in which to file a reply memorandum, should he choose to do so.
Recognizing Plaintiff’s pro se status, and that he is thus not part of the CM/ECF
electronic filing system, the Clerk is instructed to send a copy of this Order via regular and
certified mail to Plaintiff at his address listed on the docket sheet. Pursuant to this Order, the
Clerk is directed to docket document 13, PageID 1503-05 as Plaintiff’s Statement of Errors.
IT IS SO ORDERED.
October 29, 2013
s/ Michael J. Newman
United States Magistrate Judge
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