Morales v. Social Security Administration

Filing 5

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Laura Fashing. Objections to PF&RD due by 6/7/2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (ccp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEWMEXICO
SHARON MORALES,
Plaintiff,
v.

16cv1154-JCH-LF

NANCY A. BERRYHILL, 1
Acting Commissioner of the
Social Security Administration,
Defendant.
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on its Order to Show Cause. Doc. 3. The Honorable
Judith C. Herrera referred this case to me pursuant to 28 U.S.C. §§ 636(b)(1)(B), (b)(3), and Va.
Beach Fed. Sav. & Loan Ass’n v. Wood, 901 F.2d 849 (10th Cir. 1990), to recommend to the
Court an ultimate disposition. Doc. 4. Due to Ms. Morales’s failure to serve defendant, and
failure to respond to the order to show cause, I recommend the Court dismiss this case without
prejudice.
Ms. Morales filed her complaint on October 20, 2016. Doc. 1. She did not serve
defendant within 90 days, as required by FED. R. CIV. P. 4(m). On April 19, 2017, I entered an
order to show cause, requiring Ms. Morales to provide a written explanation showing good cause
for her failure to serve defendant, no later than May 18, 2017, to avoid dismissal of the action.
Ms. Morales did not respond to the order to show cause, and the deadline to do so has now
passed. Therefore, I recommend the Court dismiss this action without prejudice.

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Nancy A. Berryhill, the new Acting Commissioner of Social Security, is automatically
substituted for her predecessor, Acting Commissioner Carolyn W. Colvin, as the defendant in
this suit. FED. R. CIV. P. 25(d).

THE PARTIES ARE FURTHER NOTIFIED THAT WITHIN 14 DAYS OF SERVICE of
a copy of these Proposed Findings and Recommended Disposition they may file written
objections with the Clerk of the District Court pursuant to 28 U.S.C. § 636(b)(1). A party
must file any objections with the Clerk of the District Court within the fourteen-day period
if that party wants to have appellate review of the proposed findings and recommended
disposition. If no objections are filed, no appellate review will be allowed.

________________________________
Laura Fashing
United States Magistrate Judge

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