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BOWE v. COLVIN, 15-0204-CV-W-FJG. (2015)

Court: District Court, W.D. Missouri Number: infdco20151207e04 Visitors: 15
Filed: Dec. 04, 2015
Latest Update: Dec. 04, 2015
Summary: ORDER FERNANDO J. GAITAN, Jr. , District Judge . Before the Court is plaintiff's response to the Order to Show Cause (Doc. No. 14). On November 24, 2015, the Court ordered plaintiff to show cause in writing why this matter should not be dismissed for failure to prosecute, as plaintiff failed to file his brief on the November 12, 2015, due date. See Order, Doc. No. 13. In plaintiff's response, filed on November 30, 2015, plaintiff's counsel indicates that the brief was not filed timely, a
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ORDER

Before the Court is plaintiff's response to the Order to Show Cause (Doc. No. 14). On November 24, 2015, the Court ordered plaintiff to show cause in writing why this matter should not be dismissed for failure to prosecute, as plaintiff failed to file his brief on the November 12, 2015, due date. See Order, Doc. No. 13. In plaintiff's response, filed on November 30, 2015, plaintiff's counsel indicates that the brief was not filed timely, and the "delay was due to a very large case load and filing schedule that resulted in the Bowe brief not being completed. Preparation for the Bowe Initial Brief began several weeks ago — but it was not completed and ready for filing until today." Doc. No. 14, p. 1. Plaintiff attaches a copy of the proposed initial brief, and requests that the filing date be extended and that he be allowed to proceed in this matter.

In the interests of reaching a resolution on the merits, the Court will grant plaintiff's request for an extension of the filing deadline. Plaintiff, however, is cautioned that for any further requests for extension of time after the deadline has passed, plaintiff must show good cause and that the failure to act was due to excusable neglect. See Fed. R. Civ. P. 6(b). Plaintiff SHALL file his initial social security brief as a separate document on ECF on or before DECEMBER 8, 2015. No extensions of this deadline will be granted for any reason.

IT IS SO ORDERED.

Source:  Leagle

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