SUTTON v. ASTRUE

Filing 30

ORDER OF DISMISSAL - Plaintiff's counsel has presented no evidence or legal argument to persuade us that this cause should not be dismissed. This case is dismissed with prejudice. Copy Mailed. Signed by Judge Sarah Evans Barker on 3/29/2013.(CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

MONICA MARY SUTTON,
Plaintiff,
vs.
MICHAEL J. ASTRUE, Commissioner of the
Social Security Administration,
Defendant.

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1:12-cv-742- SEB-DKL

ORDER OF DISMISSAL
In his Response to Show Cause (Docket No. 28), Attorney Wilson indicates that he has had
no communication with Plaintiff since sometime in late 2012, yet he still asks that the Court proceed
to rule on the merits of this cause, notwithstanding the fact that Plaintiff, acting pro se, asked us to
dismiss it. Attorney Wilson submits that it would be a shame, after all the time and energy that the
lawyers spent briefing the case, for the Court not to rule, particularly because, in his opinion,
Plaintiff has a “legitimate claim.” He speculates that the reason Plaintiff asked the Court to dismiss
this case is because she received some bad legal advice from another lawyer.
Without addressing the ethical issues presented by the apparent disagreement between Mr.
Wilson and Plaintiff, we find that Plaintiff has very clearly expressed her desire that the case be
dismissed (Docket No. 23) and Mr. Wilson has not presented any evidence or legal argument to
persuade us that we should ignore the wishes of his client. Accordingly, this case is dismissed with
prejudice.
IT IS SO ORDERED.
Date:

03/29/2013

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Copies to:
Thomas E. Kieper
UNITED STATES ATTORNEY'S OFFICE
[e-mail]
Joe Morgan Wilson
ATTORNEY AT LAW
[e-mail]
Monica Mary Sutton
5712 Diana Drive
Indianapolis, IN 46276

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