Opinion
16-CV-09344 (PMH)
06-01-2021
CARLOS VANEGAS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
Philip M. Halpern, United States District Judge
On March 11, 2021, the Court instructed the Commissioner to file a letter by March 26, 2021 that would include, inter alia, an analysis as to whether the Court may dismiss this action sua sponte for Plaintiffs failure to prosecute under Federal Rule of Civil Procedure 41(b). (Doc. 23). On March 26, 2021, the Commissioner "request[ed] that the Court allow additional time for the parties to attempt to confer about the status and resolution of this case and for the agency to determine the proper procedure for completing the remand proceedings." (Doc. 24 at 3). On March 29, 2021, the Court granted the application and directed the Commissioner to file a status letter on April 26, 2021. (Doc. 25). Over a month later, no letter has been filed.
Accordingly, the Commissioner shall serve and file a letter by 5:00 p.m. on June 4, 2021: (1) providing an update regarding attempts to locate Plaintiff; (2) assessing whether the Court may dismiss this action sua sponte under Federal Rule of Civil Procedure 41(b); and (3) advising as to the Commissioner's position regarding the impact of the recent Supreme Court decision, Carr v. Saul, 141 S.Ct. 1352 (2021), on this case.
The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff.