Moore v. Social Security Administration Commissioner

Filing 16

ORDER granting 14 Motion to Dismiss for Lack of Prosecution. This case is DISMISSED WITH PREJUDICE. Signed by Honorable Erin L. Setser on October 3, 2016. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION RUSSELL MOORE v. PLAINTIFF CIVIL NO. 16-2050 CAROLYN W. COLVIN, Commissioner Social Security Administration DEFENDANT ORDER On March 8, 2016, pro se Plaintiff, Russell Moore, filed a complaint with this Court after being denied disability benefits. (Doc. 1). By Text Order dated May 6, 2016, Plaintiff was directed to file a brief discussing his specific points of appeal on or before June 6, 2016. On September 1, 2016, Defendant filed a motion to dismiss for lack of prosecution.1 (Doc. 14). Defendant states that Plaintiff failed to timely file his brief as directed by the Court. By Order dated September 6, 2016, Plaintiff was directed to show cause by September 20, 2016, why his suit should not be dismissed. (Doc. 15). To date, Plaintiff has failed to respond. Based on the foregoing, the Court hereby grants Defendant’s motion, and dismisses Plaintiff’s case with prejudice. IT IS SO ORDERED this 3rd day of October, 2016. /s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE 1 The Court notes that Defendant’s motion references incorrect dates. (Doc. 14). Defendant’s brief is support of the motion references the proper dates. (Doc. 14, Attachment 1).

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