Opinion
21-cv-1243 SMV
11-15-2021
TONEKWUEME HAMILTON, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, [1] Defendant.
ORDER DISMISSING CASE WITHOUT PREJUDICE
STEPHAN M. VIDMAR United States Magistrate Judge
THIS MATTER is before the Court on the Order to Show Cause [Doc. 22], issued by the Court on September 14, 2021, because, under the briefing schedule, Plaintiff's Motion to Reverse or Remand Administrative Agency Decision with Supporting Memorandum (“Motion”) was due no later than September 1, 2021. [Doc. 22]. To date, Plaintiff has neither filed a Motion nor requested an extension of time to do so. Moreover, two mailings from the Court to Plaintiff have been returned, [Docs. 20, 21], and Clerk's Office staff have been unsuccessful in reaching Plaintiff by telephone. See [Doc. 22].
In the Order to Show Cause, Judge Vidmar ordered Plaintiff to show cause, no later than October 13, 2021, why this matter should not be dismissed without prejudice for failure to prosecute his claims and comply with a court order, see Fed.R.Civ.P. 41(b); D.N.M.LR-Civ. 41.1. [Id.]. Plaintiff did not respond to the Order to Show Cause and, therefore, has not shown why this matter should not be dismissed without prejudice.
IT IS THEREFORE ORDERED that Plaintiff's action is DISMISSED without prejudice. See Complaint [Doc. 1].
IT IS SO ORDERED.