Opinion

Anastas v. Commissioner of Social Security

Court
District Court, S.D. Illinois
Filed
Aug 17, 2020
Cited by
0 cases
Authority
More cited than 21.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

STEPHANIE M. ANASTAS, )

)

Plaintiff, )

)

vs. ) Civil No. 20-cv-156-MAB1

)

COMMISSIONER of SOCIAL SECURITY, )

)

Defendant. )

MEMORANDUM AND ORDER

BEATTY, Magistrate Judge:

In accordance with 42 U.S.C. § 405(g), the pro se plaintiff seeks judicial review of

the final agency decision denying her application for social security disability benefits

pursuant to 42 U.S.C. § 423.

Plaintiff’s brief was originally due by June 5, 2020. When plaintiff missed that

deadline, the Court issued a Notice of Impending Dismissal. In that Notice, the Court

gave plaintiff an extension to August 6, 2020, in which to file her brief. The Court then

gave Plaintiff another extension to August 28, 2020. (Docs. 16, 18, 19). The Notice, Doc.

18, warned Plaintiff that failure to file her brief as ordered “may result in sanctions,

including the dismissal of this case.”

On August 14, 2020, Plaintiff responded to the Notice by requesting that her case

be dismissed. See, Doc. 20.

Plaintiff has failed to file a brief as ordered and has failed to diligently pursue

1 This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to

28 U.S.C. §636(c). See, Doc. 13.

this case. This Court gave plaintiff the “warning shot” required by Ball v. City of Chicago,

2 F.3d 752, 755 (7th Cir. 1993) in Docs. 18 and 19. Pursuant to Johnson v. Chicago Board of

Education, 718 F.3d 731 (7th Cir. 2013), the Court has considered whether a sanction

short of dismissal of this case might be fruitful and finds that it would not. Therefore,

this case is DISMISSED with prejudice. The Clerk of Court shall enter judgment

accordingly.

IT IS SO ORDERED.

DATE: August 17, 2020

s/ Mark A. Beatty

MARK A. BEATTY

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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