Worthington v. Astrue

Filing 14

MEMORANDUM OPINION AND ORDER, it is ORDERED AND ADJUDGED that this case be and is hereby DISMISSED because of the plf's failure to comply with the orders of this court and failure to prosecute this action; further ORDERED that the costs of this proceeding be and are hereby taxed against the plf. Signed by Honorable Charles S. Coody on 3/19/2010. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JOHN WILLIAM WORTHINGTON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09cv614-CSC

MEMORANDUM OPINION AND ORDER On June 30, 2009, the plaintiff filed suit in this court pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision by the Commissioner of Social Security denying him disability benefits. On July 2, 2009, the court entered a scheduling order directing the plaintiff to file a brief within forty (40) days after the defendant filed his answer. See Doc. # 3. Pursuant to 28 U.S.C. § 636(c)(1) and M.D. Ala. LR 73.1, the parties have consented to the United States Magistrate Judge conducting all proceedings in this case and ordering the entry of final judgment. Pursuant to the court's scheduling order (doc. # 3), the defendant filed an answer on October 1, 2009. See Doc. # 9. The plaintiff's brief was due on November 10, 2009. To date, the plaintiff has not filed a brief. On February 16, 2010, the court entered an order requiring the plaintiff to show cause why this case should not be dismissed for want of prosecution for failing to file a brief in accordance with the court's previous orders. See Doc. # 12. The plaintiff has filed nothing in response to the order of the court. The plaintiff has

failed to comply with the orders of this court and has failed to show cause for his noncompliance. The court therefore concludes that the plaintiff no longer wishes to prosecute this case. Accordingly, it is ORDERED AND ADJUDGED that this case be and is hereby DISMISSED because of the plaintiff's failure to comply with the orders of this court and failure to prosecute this action. It is further ORDERED that the costs of this proceeding be and are hereby taxed against the plaintiff. Done this 19th day of March, 2010.

/s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE