Loyd v. Social Security Administration, Commissioner of

Filing 20

MEMORANDUM AND ORDER: This case is dismissed for lack of prosecution. Signed by U.S. District Senior Judge Sam A. Crow on 6/29/18. (msb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

SUSAN LOYD,
Plaintiff,
vs.

Case No. 17-1235-SAC

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

MEMORANDUM AND ORDER
On September 15, 2017, plaintiff filed this action seeking
judicial review of defendant’s decision to deny plaintiff social
security benefits (Doc. 1).

On November 30, 2017, defendant

filed their answer and the social security administrative record
(Doc. 8,9).
On January 23, 2018, this court issued a show cause order
directing plaintiff to file a brief or otherwise respond by
February 12, 2018 (Doc. 10).

Subsequently, plaintiff sought and

was granted extensions of time to file her brief on February 27,
2018 (plaintiff given until March 14, 2018 to file brief), March
15, 2018 (plaintiff given until April 13, 2018 to file brief),
and April 17, 2018 (plaintiff given until May 14, 2018 to file

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brief) (Doc 11, 13-17).

Plaintiff has not filed a brief, nor

has she requested additional time to file a brief.
On May 23, 2018, the court issued a show cause order
directing plaintiff to file her brief no later than June 1,
2018, and indicating that failure to file a brief will result in
dismissal of the case.

This order was mailed to plaintiff be

regular mail and by certified mail, return receipt requested.
Plaintiff also received electronic notification of this order
(Doc. 18).

Plaintiff received the certified copy of this order

on June 1, 2018 (Doc. 18).
D. Kan. Rule 41.1 states as follows:
At any time, the court may issue an order to
show cause why a case should not be
dismissed for lack of prosecution. If good
cause is not shown within the time
prescribed by the show cause order, the
court may enter an order of dismissal. The
dismissal will be with prejudice unless the
court otherwise specifies.
This case has now been pending for nine months.

As of this

date, plaintiff has not responded to the show cause order;
plaintiff has not filed a brief or requested an extension of
time to file her brief in response to the order of May 23, 2018.
IT IS THEREFORE ORDERED that this case is dismissed for
lack of prosecution.

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Dated this 29th day of June 2018, Topeka, Kansas.

s/Sam A Crow
Sam A. Crow, U.S. District Senior Judge

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