Burton v. Social Security Administration

Filing 16

ORDER directing Plaintiff to file his brief within 30 days of the date of this order, or his Complaint will be dismissed. Signed by Magistrate Judge Joe J. Volpe on 12/29/2014. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JEFFREY L. BURTON,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration,
Defendant.

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No. 3:14CV00062-JJV

ORDER
Plaintiff’s brief was due on or before December 3, 2014. As of the date of this Order, no brief
was filed. Realizing Plaintiff is proceeding pro se, he must still notify the Commissioner on what
bases he appeals the decision. Or, he may hire counsel to assist him with this matter. Either way,
Plaintiff’s Brief must be filed with the Court within thirty (30) days of the date of this Order, or the
Complaint will be dismissed pursuant to Federal Rule of Civil Procedure 41(b). Link v. Wabash R.R.
Co., 370 U.S. 626, 630-31 (1962) (district court has power to dismiss sua sponte under Rule 41(b));
Brown v.Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (quoting Haley v. Kansas City Star, 761 F.2d
489, 491 (8th Cir. 1985) (a district court has the power to dismiss an action for the plaintiff’s failure
to comply with any court order; such a dismissal may be with prejudice if there has been “‘a clear
record of delay or contumacious conduct by the plaintiff’”) (emphasis added)); Garrison v. Int’l
Paper Co., 714 F.2d 757, 759 (8th Cir. 1983) (it is well settled that the district court has inherent
power, acting on its own initiative, to dismiss a cause of action with prejudice for want of
prosecution).
IT IS SO ORDERED this 29th day of December, 2014.

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JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE