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.)

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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, ) ) f ) v. NANCY BERRYHILL Acting Commissioner ofSocial Security, Defendant. ) ) ) ) ) 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

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