Streitz v. Astrue

Filing 4

ORDER that plaintiff has until April 17, 2009, in which to show cause why this action should not be dismissed for failure to prosecute. If plaintiff fails to comply with this order by April 17, 2009 or fails to make an adequate showing of cause, the court will promptly dismiss her case. Signed by Chief Judge Barbara B. Crabb on 4/9/09. (vob)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN

JU L IE STREITZ, P l a i n t i ff , v. M IC H A E L ASTRUE, Co m m issioner of Social Security, D efendan t. OR DER 0 9 - cv -0 0 8 4 - b b c

O n February 16, 2009, plaintiff Julie Streitz filed an action for judicial review of an adverse decision of the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g). P laintiff's lawyer, Dana Duncan, indicated at that time that he had mailed a petition and aff id avit for leave to proceed in forma pauperis to his client for her signature and that he w ou ld file it as soon as plaintiff returned it to his office. O n March 25, 2009, United States Magistrate Judge Stephen Crocker held a telepho nic status conference with counsel, inquiring why plaintiff had still not filed her petition for leave to proceed in forma pauperis. Duncan informed the court that he and his client had had a breakdown in communication. The magistrate judge entered an order directing that no later than April 3, 2009, Duncan had to file either the in forma pauperis

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petition or a motion for leave to withdraw as counsel. It is now April 9, 2009, and the court has not received anything from plaintiff or her lawyer. Accordingly,

OR DER IT IS ORDERED THAT plaintiff has until April 17, 2009, in which to show cause w hy this action should not be dismissed for failure to prosecute. If plaintiff fails to comply w ith this order by April 17, 2009 or fails to make an adequate showing of cause, the court w ill promptly dismiss her case. E n tered this 9t h day of April, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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