Hosea v. Astrue
OPINION. Signed by Honorable Judge Myron H. Thompson on 3/15/2012. (cc, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
MICHAEL J. ASTRUE,
Commissioner of Social Security,
CIVIL ACTION NO.
On September 15, 2011, plaintiff James Hosea filed a complaint seeking Social
Security Disability Benefits pursuant to 42 U.S.C. § 405(g). On that same day, Hosea
filed a motion for leave to proceed in forma pauperis, which this court granted on
September 16. The court also issued a scheduling order in this matter requiring
defendant Commissioner of Social Security to file an answer to the complaint within 90
days of service and Hosea to file a brief in support of her complaint within 40 days after
the answer was filed. The commissioner filed an answer on December 16, making
Hosea’s brief due by January 25, 2012.
Hosea failed to file her brief by this date.
Thereafter, this court issued an order requiring Hosea to show cause, on or before
February 24, 2012, why this lawsuit should not be dismissed for failure to prosecute.
Hosea has failed to respond to this order.
The court therefore concludes that Hosea’s failure to comply with the orders of
this court and her failure to prosecute properly this cause of action warrant dismissal
of this case, albeit without prejudice. See Link v. Wabash R.R., 370 U.S. 626, 630 (1962)
(interpreting Fed.R.Civ.P. 41(b) not to restrict the court’s inherent authority to dismiss
sua sponte an action for lack of prosecution); World Thrust Films, Inc., v. International
Family Entertainment, Inc., 41 F.3d 1454, 1456-57 (11th Cir. 1995). An appropriate
judgment will be entered.
DONE, this the 15th day of March, 2012.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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