Cross v. Commissioner of Social Security

Filing 12

ORDER & OPINION dismissing the case with prejudice pursuant to FRCP 41(b) for want of prosecution. Entered by Judge Joe Billy McDade on 4/13/2015. (RK, ilcd)

E-FILED

Monday, 13 April, 2015 01:59:37 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
MARY V. CROSS,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Case No. 14-1395

ORDER & OPINION
On September 29, 2014, Plaintiff, proceeding pro se, filed the present appeal
from the Social Security Administration’s final decision denying her benefits. (Doc.
1). At the time Plaintiff filed her Complaint, she also filed motions for leave to
proceed in forma pauperis and to request counsel. (Docs. 2, 3). The Court granted
Plaintiff’s motion for leave to proceed in forma pauperis, but denied her motion to
request counsel. (Doc. 4).
Once Defendant filed an Answer, the Court sent Plaintiff a copy of Local Rule
8.1(D), setting forth the procedures for social security cases in this district. (Doc.
11). Under that rule, a plaintiff must file a motion for summary judgment within
thirty days after the responsive pleading is filed. CDIL-LR 8.1(D). Plaintiff’s motion
was initially due by March 9, 2015. To date, the Court has not received any filings
from Plaintiff—not a motion for summary judgment or a request for an extension of
time. On March 26, 2015, the Court, acting sua sponte, granted Plaintiff two weeks
from that date to file the requisite motion, and warned Plaintiff that a failure to file

could result in her case being dismissed. Because Plaintiff has filed no motions
despite expiration of the extended deadlines, this case will now be dismissed for
failure to prosecute.
IT IS THEREFORE ORDERED that this case is DISMISSED WITH
PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for want of
prosecution.
CASE TERMINATED.

Entered this 13th day of April, 2015.

s/Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge

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