Daniel v. Social Security Administration Commissioner
MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on January 6, 2014. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Civil No. 4:13-cv-04004
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Before the Court is Plaintiff’s Complaint. ECF No. 1. Plaintiff filed this Complaint on
January 8, 2013. Thereafter, Defendant answered (ECF No. 8), and the transcript in this action was
also filed. On May 20, 2013, the Court entered a social security scheduling order clearly directing
Plaintiff to file an appeal brief by June 19, 2013.1
In the scheduling order, the Court noted that “Plaintiff’s failure to file a timely brief may
result in dismissal for failure to prosecute.” Despite this deadline and this warning, Plaintiff has
not timely filed an appeal brief as required by this order. Accordingly, consistent with the directive
of this scheduling order, the Court DISMISSES Plaintiff’s Complaint without prejudice for failure
to comply with an order of the Court, failure to timely file her appeal brief, and failure to prosecute
A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil
Procedure 52 and 58.
ENTERED this 6th day of January 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE
Upon request from Plaintiff, this deadline was extended to July 18, 2013. ECF No. 10.
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