Van Vorous v. Commissioner of Social Security

Filing 19

ORDER DISMISSING CASE for failure to prosecute, failure to comply with court orders, and failure to show cause pursuant to D.C.COLO.L.Civ.R. 41.1 entered by Judge Wiley Y. Daniel on 12/14/15. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 15-cv-01358-WYD
SHELLIE VAN VOROUS,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant.

ORDER OF DISMISSAL

On November 6, 2015, I entered an Order to Show Cause (ECF No. 18) requiring
the Plaintiff to show cause, if any, in writing on or before November 20, 2015 why this
case should not be dismissed pursuant to D.C.COLO.LCivR 41.1 for failure to prosecute
and failure to comply with court orders. The basis for my order to show cause was the
Plaintiff’s failure to file an opening brief pursuant to the Joint Case Management Plan
(ECF No. 17). The Plaintiff has failed to respond to the Order to Show Cause or to
communicate with the court in any way.
Local rule of practice 41.1, D.C.COLO.LCivR, provides:
A judicial officer may issue an order to show cause why a case should not
be dismissed for lack of prosecution or for failure to comply with these
rules, the Federal Rules of Civil Procedure, or any court order. If good
cause is not shown within the time set in the show cause order, a district
judge or a magistrate judge exercising consent jurisdiction may enter an
order of dismissal with or without prejudice.

The Plaintiff has failed to show cause why the case should not be dismissed for failure
to comply with court orders and for failure to prosecute. To the contrary, it appears that
the Plaintiff has abandoned her appeal.
Accordingly, it is ORDERED that this action is DISMISSED WITHOUT
PREJUDICE for failure to prosecute, failure to comply with court orders, and failure to
show cause pursuant to D.C.COLO.LCivR 41.1. The Clerk of the Court is directed to
close this case.
Dated: December 14, 2015
BY THE COURT:
/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE