Opinion
2:23-cv-o898o-ADS
01-30-2024
Amy Fillmore v. Kilolo Kijakazi
PRESENT: THE HONORABLE AUTUMN D. SPAETH, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
On October 24, 2o23, Plaintiff Amy Fillmore filed a social security complaint pursuant to 42 U.S.C. § 4o5(g). (Dkt. No. 1.) On October 25, 2o23, the Court issued the Standing Order for this case. (Dkt. No. 5.) The Standing Order states that “[t]he Supplemental Rules for Social Security Actions Under 42 U.S.C. § 4o5(g) shall govern this action.” (Id. at 1.) Rule 6 of the Supplemental Rules states that “[t]he plaintiff must file and serve on the Commissioner a brief for the requested relief within 3o days after the answer is filed or 3o days after entry of an order disposing of the last remaining motion filed under Rule 4(c), whichever is later.” On December 26, 2o23, Defendant Kilolo Kijakazi filed the Answer, which made Plaintiff's brief due January 25, 2o24. (Dkt. No. 8.) As of the date of this Order, Plaintiff has not filed a brief for the requested relief.
If Plaintiff wishes to proceed with this lawsuit, she must either: (1) file and serve a brief as required by Rule 6; or (2) show cause why she is unable to do so by no later than February 6, 2024.
Plaintiff is expressly warned that her failure to timely respond to this Order as directed above will result in this action be dismissed for failure to prosecute and obey Court orders pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.