Bennett, Theresa v. Social Security Administration et al

Filing 7

ORDER Dismissing Complaint without prejudice pursuant to Fed. R. Civ. P. 41(a). The clerk's office shall terminate all pending motions and close this case. Bennett may seek leave to re-open this case only if she makes the partial filing fee payment of $175.00 within ten days. Otherwise, Bennett must re-file her complaint as a new case.. Signed by District Judge William M. Conley on 7/21/2014. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THERESA LYNN BENNETT,
Plaintiff,

ORDER

v.
Case No. 14-cv-331-wmc
SOCIAL SECURITY ADMINISTRATION
AND OFFICE OF DISABILITY
ADJUDICATION AND REVIEW,
Defendants.

Plaintiff Theresa Lynn Bennett filed this civil action pursuant to 42 U.S.C.
§ 405(g) seeking review of a final decision of the Commissioner of Social Security
denying her application for disability benefits. On June 13, 2014, the court assessed
Bennett an initial partial fee payment of $175.00 toward the $350.00 filing fee in
compliance with the federal in forma pauperis statute. (Dkt. #6). That order advised
Bennett that the court would dismiss her lawsuit without further notice if she failed to
comply as directed by July 9, 2014.
To date, Bennett has failed to comply as directed by tendering the initial partial
filing fee as required. Accordingly, under the inherent power necessarily vested in a court
to manage its own docket, the complaint will be dismissed without prejudice for want of
prosecution. See FED. R. CIV. P. 41(a); Link v. Wabash R.R. Co., 370 U.S. 626, 630-31
(1962); Ohio River Co. v. Carrillo, 754 F.2d 236, 238 n.5 (7th Cir. 1984).

ORDER
IT IS ORDERED that:
1. The complaint filed by plaintiff Theresa Bennett is DISMISSED without
prejudice pursuant to Fed. R. Civ. P. 41(a). The clerk’s office shall
terminate all pending motions and close this case.
2. Bennett may seek leave to re-open this case only if she makes the partial
filing fee payment of $175.00 within ten days. Otherwise, Bennett must
re-file her complaint as a new case.
Entered this 21st day of July, 2014.

BY THE COURT:

__/s/___________________
WILLIAM M. CONLEY
District Judge