Mayhue v. Commissioner of Social Security

Filing 6

MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with the court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
REGINALD B. MAYHUE,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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8:12CV407

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed this matter on
November 27, 2012. (Filing No. 1.) On January 9, 2013, the Clerk of the court sent
summons forms and USM-285 forms to Plaintiff. (Filing No. 4.) Plaintiff did not
return the forms, and did not complete service of process on Defendant within 120
days after the filing of the Complaint. (See Docket Sheet.)
On May 14, 2013, the court entered a Memorandum and Order directing
Plaintiff to show cause why this case should not be dismissed. (Filing No. 5.) In
doing so, the court warned Plaintiff that if he did not respond by May 27, 2013, or if
he failed to show good cause, this action would be dismissed without prejudice and
without further notice. (Id.) The court’s May 27, 2013, deadline has now passed and
Plaintiff has failed to respond. (See Docket Sheet.)
IT IS THEREFORE ORDERED that:
1.
This matter is dismissed without prejudice because Plaintiff failed to
prosecute it diligently and failed to comply with the court’s orders.
2.
A separate judgment will be entered in accordance with this
Memorandum and Order.

DATED this 31st day of May, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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