Bailey v. Berryhill

Filing 4

Order Dismissing Case. Signed by US District Judge Terrence W. Boyle on 10/16/2017. Certified copy sent to Barbie June Bailey via US mail to 22091 Old Cornwallis Rd., Princeton, NC 27569. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-354-BO

BARBIE JUNE BAILEY
Plaintiff,

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v.
NANCY BERRYHILL
Acting Commissioner ofSocial Security,
Defendant.

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ORDER

This matter is before the Court following plaintiffs failure to comply with an order by
Magistrate Judge Gates. Plaintiff had originally filed deficient documents in her application to
proceed in forma pauperis. Judge Gates' order directed her to correct those deficiencies by
September 6th, 2017. That order warned that failure to meet that deadline could result in
dismissal of her case. The order was mailed to the plaintiffs address on record, but was returned
as undeliverable. Plaintiff has not filed a change of address or contacted the Court, and has not
complied with the deadline set by Judge Gates.
Pro se litigants are traditionally entitled to a certain amount of leniency from the courts.
Erickson v. Pardus, 551 U.S. 89 (2007) ("A document filed prose is to be liberally construed,

and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than
formal pleadings drafted by lawyers." (internal quotation marks omitted)). That said, plaintiff has
failed to properly proceed with her case or comply with the directions of the court, and her status
does not free her from that responsibility. Because of this, this Court finds that the case should be
DISMISSED WITHOUT PREWDICE. Should plaintiff conform to the Federal Rules of Civil

Procedure and the Local Rules of Civil Procedure as to this matter in the future, she would be
permitted to refile her suit. The clerk is directed to close the file and enter judgment accordingly.

SO ORDERED, this the

ft day of October, 2017.

UNITED STATES DISTRICT JUDGE