Opinion
23-CV-1548 (JGLC) (RWL)
07-31-2023
JAVIER NUNEZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
ROBERT W. LEHRBURGER, United States Magistrate Judge
On March 17, 2023, Defendant filed a motion for change of venue and to dismiss. (Dkts. 13-14.) Plaintiff has since filed a Third Amended Complaint but never responded to motion. The Court has reviewed the Third Amended Complaint and finds that it suffers from the same alleged defects that are the subject of Defendant's motion. Accordingly, by August 15, 2023, Plaintiff shall file a response to Defendant's motion. In the absence of a response, the Court will proceed to resolve the motion, and Plaintiff's failure to respond to the motion may be grounds alone for granting the motion and/or dismissing the complaint in its entirety for failure to prosecute. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff and note mailing on the record.
SO ORDERED.