Cash v. Berryhill
Filing
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ORDER DISMISSING CASE without prejudice. Signed by District Judge Martin Reidinger on 9/11/2017. (kby)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00208-MR
DORIS M. CASH,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,
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Defendant.
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_______________________________ )
ORDER
THIS MATTER is before the Court sua sponte.
The Plaintiff initiated this action on July 31, 2017, seeking review of the
Commissioner’s denial of benefits. [Doc. 1]. Along with her Complaint, the
Plaintiff filed an Application to proceed without having to prepay the costs
associated with prosecuting the matter. [Doc. 2]. On August 1, 2017, the
Court entered an Order denying the Plaintiff’s Application without prejudice
on the grounds that the Court was unable to determine whether the Plaintiff
has sufficient resources from which to pay the filing fee for this action. [Doc.
3]. The Court directed the Plaintiff to file an Amended Application within thirty
(30) days and specifically warned the Plaintiff that “[f]ailure to file an
Amended Application within the time required will result in the dismissal of
this action without prejudice.” [Id. at 2].
More than thirty days have passed since the entry of the Court’s Order
and the Plaintiff has not filed an Amended Application. Accordingly, the
Court will dismiss this action without prejudice.
IT IS, THEREFORE, ORDERED that the Plaintiff’s action is hereby
DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Signed: September 11, 2017
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