Clifford, Eleanor v. Astrue, Michael

Filing 6

Order Dismissing 1 Complaint without prejudice for failure to prosecute; denying 2 Motion for Leave to Proceed in forma pauperis; denying as moot 5 Motion to Appoint Counsel. Signed by District Judge Barbara B. Crabb on 8/17/2010. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - EL EA N O R CATHERINE CLIFFORD, ORDER Plaintiff, 10-cv-384-bbc v. M R . MICHAEL J. ASTRUE, D efendan t. - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - O n July 9, 2010, plaintiff Eleanor Catherine Clifford filed a civil complaint against M ichael Astrue, Commissioner of Social Security. She sought to commence this lawsuit w ithout prepayment of the filing fees and costs or providing security therefor, pursuant to 28 U.S.C. § 1915 and was granted leave to do so in an order entered on July 13, 2010. In the same order, I told plaintiff that she would have to submit information showing that she had obtained a final decision from the commissioner on an application for social security b en efits. I advised her that the easiest way for her to do this would be to submit a copy of the letter from the Appeals Council denying her request for review, which she should have received if she completed the administrative process. I gave her until August 3, 1010 to subm it the information. Plaintiff has failed to submit the necessary information showing that she has

exhausted her administrative remedies.

Therefore, her case will be dismissed without

p reju dice for her failure to prosecute it. Her August 2, 2010 motion for appointment of cou nsel will be denied as unnecessary.

ORDER IT IS ORDERED that 1. Plaintiff Eleanor Clifford's complaint is DISMISSED without prejudice for her failure to prosecute it. 2. Plaintiff's motion for appointment of counsel is DENIED as moot. E n tered this 17th day of August, 2010. B Y THE COURT:

/s/ B AR B AR A B. CRABB D istrict Judge