Opinion
CV 21-9042-SVW (KK)
12-22-2021
Adam J.[1] v. Kilolo Kijakazi
Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES-GENERAL
Proceedings: (In Chambers) Order to Show Cause Why Action Should Not Be Dismissed for Failure to Prosecute and Comply with Court Orders
I.
BACKGROUND
On November 17, 2021, Plaintiff Adam J. (“Plaintiff”) filed a Complaint challenging the denial of his application for Title II Disability Insurance Benefits and/or Title XVI Supplemental Security Income by the Commissioner of the Social Security Administration (“Defendant”). ECF Docket No. (“Dkt.”) 1.
On November 19, 2021, the Court issued a Case Management Order (“CMO”) instructing Plaintiff to “promptly serve the summons and complaint on the Commissioner, ” and to “electronically file a proof of service” within thirty (30) days after the filing of the Complaint, i.e. no later than December 17, 2021. Dkt. 9 at 1-2. The CMO warned Plaintiff that failure to follow those instructions “may result in dismissal of this case.” Id. at 2.
As of the date of this Order, Plaintiff has not filed a proof of service per the Court's CMO.
II.
DISCUSSION
Under Federal Rule of Civil Procedure 41(b) (“Rule 41(b)”), the Court may dismiss an action with prejudice for failure to prosecute or failure to comply with any court order. See Fed.R.Civ.P. 41(b).
Here, Plaintiff has failed to file a proof of service of the Complaint, and thus failed to comply with the Court's CMO. Pursuant to Rule 41(b), the Court may, therefore, dismiss the instant action without prejudice for failure to prosecute and comply with a court order. Bennett v. Colvin, No. CV 12-10317-PA (PJW), 2013 WL 3233420, at *1 (C.D. Cal. June 26, 2013) (dismissing pro se social security action under Rule 41(b) where plaintiff failed to file proof of service on defendant despite court order). Before dismissing this action, however, the Court will afford Plaintiff an opportunity to explain his failure to file a proof of service as directed by the CMO.
III.
ORDER
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, in writing, why this action should not be dismissed for failure to prosecute and/or comply with court orders. Plaintiff shall have up to and including December 29, 2021, to respond to this Order. Plaintiff is cautioned that failure to timely file a response to this Order will be deemed by the Court consent to the dismissal of this action without prejudice.
IT IS SO ORDERED.