Bellistri v. Social Security Administration Appeals Council
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,
SOCIAL SECURITY ADMINISTRATION
MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER comes before the Court on pro se Plaintiff’s failure to timely file an
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
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