Reuwer v. Commissioner of Social Security
Filing
39
ORDER granting 38 Motion to Dismiss without prejudice for Lack of Prosecution pursuant to Rule 41(b) Signed by Honorable Henry M Herlong, Jr on 12/14/2011.(jbry, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Charlene Bowen Reuwer,
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Plaintiff,
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vs.
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Michael J. Astrue, Commissioner of Social )
Security Administration,
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Defendant.
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C.A. No. 9:09-2387-HMH-BM
OPINION AND ORDER
This matter is before the court on the Defendant’s motion to dismiss pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for failure to prosecute. This case was remanded
for further consideration on January 26, 2011. After remand, the Plaintiff indicated that she no
longer wished to proceed in her action for disability benefits. “On March 18, 2011,
Administrative Law Judge Gregory M. Wilson issued a decision in which he concluded that
Plaintiff’s withdrawal of her application rendered additional proceedings unnecessary and
adopted the previous unfavorable decision.” (Def. Mot. 2-3.) It appearing that the Plaintiff no
longer wishes to prosecute her claim, the court dismisses this case without prejudice pursuant to
Rule 41(b).
IT IS SO ORDERED.
s/Henry M. Herlong, Jr.
Senior United States District Judge
December 14, 2011
Greenville, South Carolina
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