Turner v. Social Security Administration

Filing 17

OPINION AND ORDER by Magistrate Judge Frank H McCarthy , dismissing/terminating case (terminates case) (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
KYAL TURNER,
Plaintiff,
vs.

Case No. 15-CV-465-FHM

CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
On September 1, 2015, a scheduling order was entered in this case setting February
2, 2016 as the date Plaintiff’s opening brief was due for this appeal from a decision by the
Social Security Administration denying Plaintiff’s application for disability benefits. [Dkt. 8].

On January 7, 2016, the court conditionally granted counsel’s motion to withdraw.
[Dkt. 15]. The order required that either new counsel enter an appearance in the case, or
Plaintiff file a notice of proceeding pro se on or before January 14, 2016. Plaintiff was
reminded that the opening brief was due by February 2, 2016 and advised that failure to
file a timely brief may result in dismissal of the case. Id.
On March 1, 2016, the court entered an order: noting Plaintiff’s failure to comply
with the January 7 order; noting the failure to file an opening brief; extending the date for
filing an opening brief to March 16, 2016; and cautioning Plaintiff that failure to comply with
the order may result in dismissal of the case.
As of this date, April 4, 2016: Plaintiff has not filed a notice of proceeding pro se;
there has been no entry of appearance by counsel; and no opening brief has been filed.

The foregoing demonstrates Plaintiff has repeatedly failed to follow the orders of the
court. The court finds, therefore, that the case should be dismissed for failure to comply
with the court’s orders.
The case is DISMISSED without prejudice. Plaintiff’s former counsel is hereby
directed to timely forward this order to Plaintiff.
SO ORDERED this 4th day of April, 2016.

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