Breckenridge v. Social Security, Commissioner of

Filing 17

ORDER Dismissing Case for Failure to Prosecute. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACY BRECKENRIDGE,
v.

Plaintiff,

Case No. 14-14723
HON. TERRENCE G. BERG
HON. DAVID R. GRAND

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

/

ORDER DISMISSING CASE WITHOUT PREJUDICE
FOR FAILURE TO PROSECUTE
On January 12, 2016, this Court entered an order terminating Plaintiff’s
former attorneys of record and setting new deadlines for filing cross motions for
summary judgment. (See Dkt. 16.) In that order, the Court notified Plaintiff that if
she wanted to continue her case, she had to file a new motion for summary
judgment by February 11, 2016. (Id. at 2.) If the Court did not receive the motion by
that date, Plaintiff’s case would be dismissed without prejudice for failure to
prosecute. (Id. at 3.) The order stated that the deadline would not be extended, and
the deadline has now passed. (See id. at 2.) As of today’s date, the Plaintiff has not
filed a new motion for summary judgment or done anything that would indicate she
wishes to continue this case. Moreover, no attorney has entered an appearance on
her behalf.
As part of its inherent authority to manage its docket, the Court has the
power to dismiss a complaint sua sponte for failure to prosecute. Link v. Wabash

R.R. Co., 370 U.S. 626, 630-32 (1962). Accordingly, this is hereby DISMISSED
WITHOUT PREJUDICE for failure to prosecute.
Because this case is being dismissed without prejudice, Plaintiff may re-file
this case at some point in the future, provided that it is filed before certain
deadlines expire. If Plaintiff intends to re-file this case, Plaintiff is strongly
encouraged to seek the assistance of an attorney experienced in handling Social
Security cases.
SO ORDERED.
s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Dated: February 17, 2016

Certificate of Service
I hereby certify that this Order was electronically submitted on February 17, 2016,
using the CM/ECF system, which will send notification to each party; a copy of this
order was also mailed to Tracy Breckenridge at 124 S. Ninth St., Saginaw, MI
48601.
By: s/A. Chubb
Case Manager

2