Miller v. Colvin

Filing 13

ORDER that this action is DISMISSED with prejudice for failure to prosecute. The Clerk shall enter judgment accordingly. Plaintiff may petition for reinstatement of the action with 21 days signed by Judge Lynn Adelman on 11/5/14. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

CYNTHIA MILLER
Plaintiff,
v.

Case No. 14-C-0657

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

ORDER
Plaintiff Cynthia Miller 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 a brief in support of her action by September 10, 2014. She failed
to do so, and the Commissioner moved to dismiss. On October 10, 2014, I issued an order
denying the Commissioner’s motion and giving plaintiff until October 31, 2014, to file her brief.
However, I warned plaintiff that if she failed to file a brief by that date the action would be
dismissed with prejudice pursuant to Civil Local Rule 41(c) (E.D. Wis.) and Fed. R. Civ. P.
41(b). As of today, plaintiff has failed to file a brief.
THEREFORE, IT IS ORDERED that this action is DISMISSED with prejudice for failure
to prosecute. The Clerk shall enter judgment accordingly. Pursuant to Civil Local Rule 41(c),
plaintiff may petition for reinstatement of the action with 21 days.
Dated at Milwaukee, Wisconsin this 5th day of November, 2014.
/s Lynn Adelman
LYNN ADELMAN
District Judge