A federal judge kept briefing deadlines unchanged and declined to step aside from a case.
Dechandra W v. Commissioner Social Security Administration
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A federal judge kept briefing deadlines unchanged and declined to step aside from a case.
Why it matters
In Dechandra W. v. Commissioner, Social Security Administration (Civil No. 1:26-cv-01131-DRM, D. Maryland), U.S. Magistrate Judge Douglas R. Miller denied a pro se plaintiff's request to reconsider a 60-day extension granted to the Social Security Administration for filing its brief. The judge also conducted a recusal analysis, prompted by the plaintiff's bias allegations, and concluded that no reasonable person would question his impartiality based on the actions described.
Who it affects
This ruling directly affects the plaintiff, a Social Security benefits claimant representing herself, and the Social Security Administration as the opposing party in this appeal. It also illustrates the procedural standards courts apply when a pro se litigant raises concerns about a judge's impartiality.
What happens next
Current
Decision issued Oct 8, 2026
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Possible rehearing
Parties can ask the same court to reconsider. Then: possible appeal to the circuit court.
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- Decision issued Oct 8, 2026
- Possible rehearingParties can ask the same court to reconsider.
- Possible appeal to the circuit court
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Oct 8, 2026
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DEEPER READ
The plaintiff, who is representing herself, asked the court to reconsider an extension it had already granted to the government, giving the Commissioner until November 27, 2026 to file its brief. The judge explained that he granted the 60-day extension for three reasons: counsel indicated that amount of time was needed, the government had not previously requested an extension, and 60 days is the standard response time under the court's standing order when a plaintiff's brief has been filed. The judge noted that the plaintiff never filed a formal plaintiff's brief, which likely caused confusion about deadlines. The plaintiff also raised concerns suggesting the judge was biased. She pointed to two things: the judge took three days to respond to her emergency filing while acting on the government's extension requests the same day they were filed, and she believed the judge ignored her request for emergency assistance. The judge addressed each of these concerns directly. On the response-time difference, the judge explained that the government's filings were specifically anticipated by a prior court order, which distinguished them from the plaintiff's emergency filing. On the emergency assistance request, the judge walked through each of the five things the plaintiff had asked for and showed that he had addressed all of them within three days, except for issuing a final decision, which was not yet possible because the case is not ripe for decision until both parties have filed their briefs. For these reasons, the judge found that recusal was not appropriate. The briefing schedule remains in place. The Commissioner's brief is due November 27, 2026, and the plaintiff's reply brief is due December 18, 2026, though both parties are welcome to file earlier if ready.
CITATION AND RECORD
Record source: CourtListener
UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND 101 West Lombard Street Chambers of Baltimore, Maryland 21201 Douglas R. Miller nes Disp MDD_DRMChambers@mdd_uscourts.gov United States Magistrate Judge yy (410) 962-7770 why October 8, 2026 Re: |= DeChandra W. vy. Commissioner, Social Security Administration Civil No. 1:26-cv-01131-DRM Letter Opinion & Order on Plaintiff's “Reconsideration of Extension Request,” ECF No. 33 Dear Plaintiff and Counsel: I am in receipt of ECF No. 33, Plaintiff's request that I reconsider the extension I granted to Defendant for filing of the Commissioner’s Brief. I understand Plaintiffs frustration with the length of time it will take to brief and decide her Social Security appeal. However, my decision to grant the extension was based on my recognition that Defendant’s counsel might have been confused as to the deadline, because Plaintiff never filed a formal Plaintiff's Brief notwithstanding my suggestions that she do so. My decision to grant the requested 60 days was based on (1) counsel’s representation that this was the amount of time needed; (2) Defendant not having previously requested an extension in this case; and (3) the fact that 60 days is the usual time Defendant has to respond to a Plaintiff's brief under Amended Standing Order 2022-04. For these reasons, I will not further alter the November 27, 2026 deadline I set for the Commissioner’s Brief. I will, however, request that if Defendant’s counsel finds she does not need the full 60 days, she file the Commissioner’s Brief whenever it is complete. The deadline for Plaintiff's Reply Brief will remain December 18, 2026, although Plaintiff is welcome to file it sooner than that. Plaintiff has also indicated that she discerns bias in two actions or omissions on my part. First, Plaintiff notes that I took three days to act on her Emergency Request for Prompt Court Action, ECF No. 28, whereas I granted the Defendant’s extension requests, ECF Nos. 30 & 31, on the day that they were filed. ECF No. 33 at 2. Second, Plaintiff alleges that I “completely ignored” her “request for emergency assistance due to continued hardship caused by the delay.” /d. Although Plaintiff has not explicitly requested that I recuse myself, because Plaintiff is proceeding pro se I will construe her filing liberally and undertake the recusal analysis. Federal judges must disqualify themselves “in any proceeding in which [their] impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). “[E]ven the appearance of partiality requires recusal.” Duke Energy Carolinas, LLC v. NTE Carolinas IT, LLC, 111 F.4th 337, 367 (4th Cir. have a reasonable basis for questioning the judge’s impartiality.” United States v. Cherry, 330 F.3d 658, 665 (4th Cir. 2003) (quoting In re Beard, 811 F.2d 818, 827 (4th Cir. 1987)). Here, I do not find that a three-day difference in the amount of time taken to respond to Plaintiff’s and Defendants’ filings would cause a reasonable person to reasonably question my impartiality in this matter, particularly where Defendant’s filings were specifically anticipated in my prior letter order. See ECF No. 29. With regard to Plaintiff’s request for emergency assistance, Plaintiff requested that I: (1) Expedite consideration of this matter (2) Determine whether defendant has failed to comply with the Sept 15 2026 deadline (3) If appropriate issue an order to show Good Cause requiring the defendant to explain the failure to meet the deadline (4) Require a response or other appropriate filing within a prompt period established by the court (5) Issue a decision as soon as practicable. ECF No. 28 at 2-3. With regard to request 1, as noted above, I issued a decision on ECF No. 28 within three days of its filing. ECF No. 29. With regard to request 2, I determined that Defendant had failed to comply with the deadline. Id. With regard to request 3, I determined that a show cause order was not appropriate and explained the reasons for that determination, namely, the likely confusion about deadlines attendant to Plaintiff having not filed a formal Plaintiff’s Brief. Id. With regard to request 4, I set a one-week deadline for Defendant to file any motion for extension of time. Id. With regard to request 5, the case is not yet ripe for decision, because Under Rule 5 of the Supplemental Rules for Social Security Actions Under 42 U.S.C. § 405(g), “[t]he action is presented for decision by the parties’ briefs,” and the Commissioner’s brief has not yet been filed. For these reasons, I do not find that a reasonable person would reasonably question my impartiality in this matter based on my response to Plaintiff’s requests for emergency assistance. Accordingly, recusal is not appropriate in this matter. Notwithstanding the informal nature of this letter, it will constitute an Opinion and Order of the Court and will be docketed accordingly. The Clerk is directed to transmit a copy of this letter to Plaintiff. Sincerely, /s/ Douglas R. Miller United States Magistrate Judge District of Maryland
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