Aswad v. Burwell

Filing 19

ORDER TO SHOW CAUSE by Magistrate Judge Stephan M. Vidmar. Plaintiff's Show-Cause Response is due by August 14, 2017. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MOHAMED BASEL ASWAD, M.D.,
Plaintiff,
v.

No. 16-cv-1367 BRB/SMV

THOMAS E. PRICE, M.D.,1
Defendant.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte.

Plaintiff filed this action on

December 15, 2016, appealing the final decision of the Secretary of the United States Department
of Health and Human Services, which “exclud[es] him from participating in Medicare, Medicaid,
and all federal health care programs for a period of 13 years” based on his misdemeanor conviction
for furnishing misbranded drugs to patients. [Doc. 1] at 2. The Court set a briefing schedule,
and Plaintiff’s Motion to Reverse or Remand Administrative Agency Decision (“Motion”) was
due by June 27, 2017. [Doc. 17]. To date, Plaintiff has filed no Motion and has not requested an
extension of time to do so.
IT IS THEREFORE ORDERED that Plaintiff show cause within 21 days why his case
should not be dismissed without prejudice for failure to prosecute his claims.
IT IS SO ORDERED.
______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge
1

Thomas E. Price, M.D., is now the Secretary of the United States Department of Health and Human Services.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Dr. Price should be substituted for former Secretary
Sylvia M. Burwell as the defendant in this suit.