Williams v. Colvin (CONSENT), No. 3:2015cv00402 - Document 13 (M.D. Ala. 2016)

Court Description: MEMORANDUM OPINION AND ORDER: it is ORDERED AND ADJUDGED that this case be and is hereby DISMISSED because of the plf's failure to comply with the orders of this court and failure to prosecute this action; further ORDERED that the costs of this proceeding be and are hereby taxed against the plf. Signed by Honorable Judge Charles S. Coody on 5/16/2016. (wcl, )
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Williams v. Colvin (CONSENT) Doc. 13 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ELIZABETH ANN WILLIAMS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security,1 Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:15cv402-CSC (WO) MEMORANDUM OPINION AND ORDER On June 8, 2015, the plaintiff filed suit in this court pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision by the Commissioner of Social Security denying her disability benefits. On June 11, 2015, the court entered a scheduling order directing the plaintiff to file a brief within forty (40) days after the defendant filed her answer. See Doc. # 3. Pursuant to 28 U.S.C. § 636(c)(1) and M.D. Ala. LR 73.1, the parties have consented to the United States Magistrate Judge conducting all proceedings in this case and ordering the entry of final judgment. Pursuant to the court’s scheduling order (doc. # 3), the defendant filed an answer on September 11, 2015. See Doc. # 11. The plaintiff’s brief was due on October 21, 2015. To date, the plaintiff has not filed a brief. On April 29, 2016, the court entered an order requiring the plaintiff to show cause why this case should not be dismissed for want of 1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013 Dockets.Justia.com prosecution for failing to file a brief in accordance with the court’s previous orders. See Doc. # 12. The plaintiff has filed nothing in response to the order of the court. The plaintiff has failed to comply with the orders of this court and has failed to show cause for her noncompliance. The court therefore concludes that the plaintiff no longer wishes to prosecute this case. Accordingly, it is ORDERED AND ADJUDGED that this case be and is hereby DISMISSED because of the plaintiff’s failure to comply with the orders of this court and failure to prosecute this action. It is further ORDERED that the costs of this proceeding be and are hereby taxed against the plaintiff. Done this the 16th day of May, 2016. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE