Borden v. Colvin

Filing 11

ORDER DISMISSING CASE with prejudice signed by Judge Lynn Adelman on 8/2/13. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ANGELA JOY BORDEN
Plaintiff,
v.

Case No. 13-C-158

CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
Defendant.

ORDER
Plaintiff Angela Borden filed this action for judicial review of the denial of her application
for social security disability benefits. The court issued a briefing schedule, pursuant to which
plaintiff was to have filed her brief by May 20, 2013. Plaintiff failed to file a brief, and the Acting
Commissioner moved to dismiss. I denied the motion to dismiss, allowing plaintiff until July 11,
2013 to file a brief, but warning plaintiff that if she failed to comply the action would be
dismissed with prejudice, pursuant to Civil Local Rule 41(c) (E.D. Wis.) and Fed. R. Civ. P.
41(b). Plaintiff has failed to file a brief, as ordered. While dismissal is a harsh sanction, it is
appropriate when a litigant misses multiple deadlines, violates court orders, and has been
warned of the consequences. See McInnis v. Duncan, 697 F.3d 661 (7th Cir. 2012).
THEREFORE, IT IS ORDERED that this action is DISMISSED with prejudice.
Dated at Milwaukee, Wisconsin this 2nd day of August, 2013.
/s Lynn Adelman
_____________________________
LYNN ADELMAN
District Judge

CIVIL L.R. 41(c)
DISMISSAL FOR LACK OF DILIGENCE

Whenever it appears to the Court that the plaintiff is not diligently prosecuting the action,
the Court may enter an order of dismissal with or without prejudice. Any affected party may
petition for reinstatement of the action within 21 days.