Bennett v. Social Security Administration Commissioner

Filing 10

ORDER, that no response to 8 MOTION to Dismiss for Lack of Prosecution filed by Social Security Administration Commissioner, has been filed. Accordingly, the Court hereby directs Plaintiff to show cause, in writing, why his complaint should not be dismissed for failure to prosecute his complaint, by no later than 3/30/12. Signed by Honorable Erin L. Setser on March 16, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
JAMES F. BENNETT
V.

PLAINTIFF
NO. 11-3083

MICHAEL J. ASTRUE,
Commissioner of Social Security Administration

DEFENDANT

ORDER
Before the Court is Defendant’s Motion to Dismiss Plaintiff’s Complaint for Failure to
Prosecute. (Doc. 8). No response to the motion has been filed by the pro se Plaintiff. On
November 22, 2011, a Scheduling Order was entered, directing the Plaintiff to file an Appeal
Brief within 30 days of the filing of the Transcript, which was filed on November 22, 2011. In
the Scheduling Order, Plaintiff was advised that failure to file a timely brief may result in
dismissal for failure to prosecute. As of this date, Plaintiff has not filed an Appeal Brief or a
response to Defendant’s Motion to Dismiss.
Accordingly, the Court hereby directs Plaintiff to show cause, in writing, why his
complaint should not be dismissed for failure to prosecute his complaint under
Fed.R.Civ.P. 41(b), by no later than March 30, 2012.
IT IS SO ORDERED this 16th day of March, 2012.

/s/ Erin L. Setser
HONORABLE ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE

AO72A
(Rev. 8/82)