Bellistri v. Social Security Administration Appeals Council
Filing
5
MEMORANDUM OPINION AND ORDER OF DISMISSAL by District Judge Kenneth J. Gonzales. (tah)
Case 1:20-cv-00919-KG-SMV Document 5 Filed 10/13/20 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
SHAWN J. BELLISTRI,
Plaintiff,
v.
No. 1:20-cv-00919-KG-SMV
SOCIAL SECURITY ADMINISTRATION
APPEALS COUNCIL,
Defendant.
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff’s failure to timely file an
amended complaint.
Plaintiff, facing a deadline to file a response with Defendant Social Security Administration
Appeals Council, filed a Complaint seeking immediate injunctive relief in the form of an order
“compelling [Defendant Social Security Administration Appeals Council] to provide Plaintiff with
the Entire Record, and a reasonable amount of time to review it upon receipt.” Complaint and
Request for Immediate Injunctive Relief, Doc. 1, filed September 9, 2020 (“Complaint”).
The Court denied Plaintiff’s request for a temporary restraining order and a preliminary
injunction because Plaintiff did not, among other things, show Plaintiff will suffer irreparable
injury unless the injunctive relief issues. See Doc. 4 at 2-3, filed September 10, 2020 (noting that
the final decision of the Commissioner of Social Security is subject to judicial review). The Court
dismissed the Complaint for failure to state a claim upon which relief can be granted, granted
Plaintiff leave to file an amended complaint, and notified Plaintiff that failure to timely file an
amended complaint may result in dismissal of this case. Plaintiff did not file an amended
complaint by the October 1, 2020, deadline.
Case 1:20-cv-00919-KG-SMV Document 5 Filed 10/13/20 Page 2 of 2
IT IS ORDERED that this case is DISMISSED without prejudice.
_________________________________
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?