Escareno v. Social Security Administration

Filing 20

ORDER TO SHOW CAUSE by Chief Magistrate Judge Karen B. Molzen. Show Cause Response due by 7/21/2017. (KBM)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENNIS G. ESCARENO, Plaintiff, v. CIV 16-0847 KBM NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. SECOND ORDER TO SHOW CAUSE THIS MATTER is before the Court sua sponte. This Court entered its Order Setting Briefing Schedule on May 11, 2017. Doc. 18. Pursuant to that Order, Plaintiff was to file his Motion to Reverse or Remand on or before Tuesday, July 11, 2017. Id. The Order further provided “[a]ll requests for extensions of time altering the deadlines set in this Order shall be made through a motion to the Court.” Id. However, to date, Plaintiff has neither filed a Motion, nor moved this Court for an extension of time in which to do so. This is not the first time Plaintiff has been admonished for failing to actively prosecute this case. See Doc. 5 (ordering Plaintiff to show cause after he failed to deliver his Complaint to the United States Marshall Service for service on Defendant). As stated in this Court’s previous Order to Show Cause, “[t]he Court has the inherent power to impose a variety of sanctions on litigants in order to, among other things, regulate its docket and promote judicial efficiency.” Id. (citing Martinez v. Internal Revenue Service, 744 F.2d 71, 73 (10th Cir. 1984)). The Court further noted that one such sanction within the Court’s discretion is to dismiss an action for want of prosecution. Id. (citing Nat’l Hockey League v. Metro. Hockey Club, Inc., 427 U.S. 639, 642-43 (1976); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962)). In addition to this Court’s inherent powers, the Federal Rules of Civil Procedure contemplate involuntary dismissal in the event of a plaintiff’s failure to prosecute. See Fed. R. Civ. P. 41(b); Fed. R. Civ. P. 1 (requiring the Court and the parties to employ the rules to “secure the just, speedy, and inexpensive determination of every action and proceeding.” (emphasis added)). IT IS THEREFORE ORDERED that Plaintiff must either file his Motion to Remand, or show cause in a written document to be filed with the Court no later than Friday, July 21, 2017, why this case should not be dismissed. Plaintiff is hereby notified that failure to respond to this Order may result in dismissal of this action without further notice. _______________________________________ UNITED STATES CHIEF MAGISTRATE 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?