Fletcher v. Commissioner of the Social Security Administration

Filing 17

ORDER signed by Judge Rudolph T. Randa on 3/30/2015 DENYING 16 Motion to Dismiss. Fletcher to file brief within 30 days of this Order or matter will be dismissed for failure to prosecute. If brief is filed, defendant has 30 days to respond. (cc: all counsel, via US mail to Mariah Fletcher) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MARIAH Y. FLETCHER,
Plaintiff,
-vs-

Case No. 14-C-1106

CAROLYN COLVIN,
Acting Commissioner of Social Security,
Defendant.
DECISION AND ORDER

The defendant moves to dismiss this action for want of prosecution
because the plaintiff, Mariah Fletcher, failed to file a brief in a timely
manner pursuant to the briefing schedule established by the Court. ECF
No. 9. Cases ordinarily should not be dismissed for want of prosecution
without first providing an explicit warning to the plaintiff. Sharif v.
Wellness Int’l Network, Ltd., 376 F.3d 720, 725 (7th Cir. 2004). Therefore,
the Court will modify the briefing schedule, but if Fletcher fails to file a
brief within thirty (30) days of the date of this Order, this matter will be
dismissed for failure to prosecute. Fed. R. Civ. P. 41(b). Should Fletcher file
her brief in a timely manner, the defendant may file a reply brief within
thirty (30) days of plaintiff’s filing. The appeal procedure described in the
Court’s briefing letter (ECF No. 9) is still in force.

Defendant’s motion to dismiss [ECF No. 16] is DENIED.
Dated at Milwaukee, Wisconsin, this 30th day of March, 2015.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-2-