Opinion
2:24-cv-06118-MWC-AJR
12-09-2024
Travon Gray v. Martin J. O'Malley
PRESENT: HONORABLE A. JOEL RICHLIN, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
PROCEEDINGS: (IN CHAMBERS)
On August 28, 2024, pro se Plaintiff Travon Gray (“Plaintiff”) filed an Amended Complaint against Defendant Martin J. O'Malley, Commissioner of Social Security (“Defendant”). (Dkt. 10.) On October 28, 2024, Defendant filed an Answer. (Dkt. 11.) Pursuant to the Court's July 24, 2024 Scheduling Order, Plaintiff had until November 27, 2024 -- 30 days from the filing of Defendant's Answer -- to file his initial brief. (Dkt. 5 at 2.)
As of today, Plaintiff has neither filed an initial brief nor requested an extension of time in which to do so. This action cannot move forward unless and until Plaintiff files an initial brief. Plaintiff is ordered to file an initial brief by December 23, 2024 or show cause why this action should not be dismissed with prejudice for failure to prosecute.
Plaintiff is expressly advised that if he does not file an initial brief by the Court's deadline or respond to this order, the Court will recommend that this action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey Court orders. If Plaintiff no longer wishes to pursue this action, he may voluntarily dismiss the entire action by filing a Notice of Dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1). A form Notice of Dismissal is attached for Plaintiff's convenience.
IT IS SO ORDERED.