Wells v. Astrue

Filing 43

ORDER that 42 Motion to Withdraw or Dismiss Complaint, Motion, and Response is GRANTED. Plaintiff's complaint is hereby DISMISSED. The clerk shall close the case. Signed by Judge James C. Mahan on 4/14/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LEONARDO DEBESS WELLS, SR.,

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Plaintiff(s),

Case No. 2:13-CV-529 JCM (PAL)
ORDER

v.
CAROLYN W. COLVIN,

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Defendant(s).

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Presently before the court is pro se plaintiff Leonardo DeBess Wells, Sr.’s (hereinafter

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“plaintiff”) motion to withdraw or dismiss complaint, motion, and response. (Doc. # 42).

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Defendant Michael J. Astrue (hereinafter “defendant”) did not file a response, and the deadline to

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respond has now passed.

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This is a social security case. Plaintiff filed his complaint with this court on March 27,

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2013, seeking review of the Social Security Administration’s denial of benefits. (Doc. # 7). On

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March 24, 2014, plaintiff filed a motion to reverse or remand. (Doc. # 30). Defendant filed a

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response, (doc. # 35), and cross-motion to affirm, (doc. # 34). Plaintiff then filed a response to the

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cross-motion to affirm, (doc. # 36), and a reply to defendant’s response to the motion to remand,

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(doc. # 37). These motions are currently pending before the magistrate judge.

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On March 18, 2015, plaintiff filed the instant motion, entitled: “Notice of withdrawal or

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dismissal of complaint, motion and response.” (Doc. # 42). In his motion, plaintiff states that he

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withdraws his complaint, motion, and response, as well as any answer, responsive motion, or

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counter motion. (Doc. # 42).

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James C. Mahan
U.S. District Judge

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Pursuant to District of Nevada Local Rule 7-2(d), “the failure of an opposing party to file

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points and authorities in response to any motion shall constitute a consent to the granting of the

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motion.” LR 7-2(d). However, the court will not automatically grant every unopposed motion.

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Instead, the court must weigh the following factors before dismissing the action: (1) the public’s

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interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the

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risk of prejudice to the defendants; (4) the public policy favoring disposition of cases of their

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merits; and (5) the availability of less drastic sanctions. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

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1995). In consideration of these factors, the court finds that dismissal is appropriate.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to

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withdraw or dismiss complaint, motion, and response, (doc. # 42), be, and the same hereby is,

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GRANTED. Plaintiff’s complaint is hereby DISMISSED.

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The clerk shall close the case.

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DATED April 14, 2015.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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