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)

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).