Williams v. Colvin (CONSENT)
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 Judge Charles S. Coody on 5/16/2016. (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
ELIZABETH ANN WILLIAMS,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,1
CIVIL ACTION NO. 3:15cv402-CSC
MEMORANDUM OPINION AND ORDER
On June 8, 2015, 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 her
disability benefits. On June 11, 2015, the court entered a scheduling order directing the
plaintiff to file a brief within forty (40) days after the defendant filed her 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
September 11, 2015. See Doc. # 11. The plaintiff’s brief was due on October 21, 2015. To
date, the plaintiff has not filed a brief. On April 29, 2016, the court entered an order
requiring the plaintiff to show cause why this case should not be dismissed for want of
Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013
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 her
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
It is further
ORDERED that the costs of this proceeding be and are hereby taxed against the
Done this the 16th day of May, 2016.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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