Bullock v. Colvin

Filing 20

ORDER granting 19 Motion for Reconsideration. Clerk directed to reopen case. Plaintiff's motion for summary judgment due 14 days from entry of order. Signed by District Judge Robert J. Conrad, Jr on 4/11/16. (Pro se litigant served by US Mail.)(ssh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-cv-00009-RJC
BILLY GENE BULLOCK,

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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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____________________________________ )

ORDER

THIS MATTER comes before the Court upon pro se Plaintiff’s Motion for
Reconsideration. (Doc. No. 19). Defendant has not filed a response to Plaintiff’s Motion, and the
time for doing so has expired.
The Court entered an Order on January 5, 2016, directing Plaintiff to file his Motion for
Summary Judgment by March 7, 2016, and warning him that his failure to properly prosecute this
case may result in the case being dismissed with prejudice. (Doc. No. 16). After Plaintiff failed
to file his Motion for Summary Judgment, the Court dismissed Plaintiff’s Complaint for failure to
prosecute on March 16, 2016. (Doc. No. 17). Two days later, on March 18, 2016, Plaintiff filed
his Motion for Reconsideration requesting that his case reopened. (Doc. No. 19). Plaintiff asserts
that he did not receive the Court’s January 5, 2016 Order; therefore, he alleges that he did not
know he needed to file a motion for summary judgment.
The Court finds good cause to grant Plaintiff’s Motion. Plaintiff is warned, however, that
any further failure to properly prosecute this case going forward, including but not limited to failing
to file a timely motion for summary judgment, will result in the case being dismissed with

prejudice and without further notice. Plaintiff shall have fourteen (14) days to file his Motion for
Summary Judgment.
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion for Reconsideration, (Doc.
No. 19), is GRANTED. The Clerk of Court is directed to reopen this case and amend the
Scheduling Order as follows. Plaintiff’s Motion for Summary Judgment and supporting
memorandum is due fourteen (14) days from the entry of this Order, and Defendant’s Motion
for Summary Judgment and supporting memorandum is due thirty (30) days after Plaintiff files
his Motion for Summary Judgment. Plaintiff shall be permitted one response to Defendant’s
Motion for Summary Judgment, which shall be filed fourteen (14) days after the filing of
Defendant’s Motion.
Signed: April 11, 2016