HERRINGTON-CHANT v. COLVIN
ORDER dismissing 1 Complaint filed by DINA HERRINGTON-CHANT. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 1/6/2017. (AGH)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CAROLYN W. COLVIN,
Commissioner of Social Security,
Case No: 3:16-CV-54-MSH
Social Security Appeal
Plaintiff filed a pro se Complaint in this Court under 42 U.S.C. § 405(g) to contest
the decision of the Commissioner of Social Security denying her Social Security Disability
benefits. (ECF No. 1.) She was granted leave to proceed in forma pauperis, and the
Court directed service upon Defendant by the United States Marshal’s Service. Text-only
Order, June 16, 2016, ECF No. 5. Service was completed and Defendant filed her Answer
and the Administrative Transcript on August 18, 2016. (ECF Nos. 11-13.)
Plaintiff then failed to timely file her brief in accordance with Rule 9.2 of the Local
Rules of this Court. M.D. Ga. Loc. Civ. R. 9.2. Plaintiff was thus ordered to show cause
why her case should not be dismissed for failure to comply. Order 1, Oct. 21, 2016, ECF
No. 14. Plaintiff responded and sought a more detailed answer to her Complaint. (ECF
Nos. 15-16.) On November 10, 2016, Plaintiff’s “Motion for Clarification” was denied
and she was ordered to file a brief within fourteen (14) days. Text-only Order, ECF No.
18. Plaintiff again failed to comply with an order of the Court and file her brief.
Plaintiff was thus ordered to show cause a second time for her failure to comply and
prosecute her case. Order 1, Dec. 13, 2016, ECF No. 19. Plaintiff failed to respond to the
order or otherwise show cause why her complaint should not be dismissed for failure to
comply and prosecute. See Fed. R. Civ. P. 41(b). She was warned multiple times that her
failure to fully and timely comply with the orders of this Court would result in the dismissal
of her Complaint. Plaintiff’s Complaint is thus dismissed for failure to prosecute this
action and comply with the Court’s orders.
SO ORDERED, this 6th day of January, 2017.
/s/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?