Rodgers v. Social Security Administration
Filing
20
MEMORANDUM OPINION AND ORDER by District Judge James O. Browning dismissing the case without prejudice on United States Magistrate Judge's Order to Show Cause 16 . (mnb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CARSON M. RODGERS,
Plaintiff,
vs.
No. CIV 17-0009 JB/CEG
NANCY A. BERRYHILL, Acting Commissioner
of the Social Security Administration,
Defendant.
MEMORANDUM OPINION AND ORDER
THIS MATTER comes before the Court on the Honorable Gregory Fouratt, United
States Magistrate Judge’s Order to Show Cause, filed July 19, 2017 (Doc. 16)(“Show Cause
Order”), which directed Plaintiff Carson M. Rodgers to respond in writing not later than July 31,
2017, why the Court should not dismiss the case for Rodgers’ failure to file a Motion to Reverse
or Remand by the previously imposed deadline. See Order Setting Briefing Schedule at 1, filed
April 13, 2017 (Doc. 15)(establishing June 12, 2017 as the deadline for Rodgers’ motion). In the
Show Cause Order, Magistrate Judge Fouratt cautioned Rodgers that his failure to show cause
“will serve as grounds for dismissing this case without prejudice.” Show Cause Order at 1.
Nonetheless, despite this clear warning, Rodgers filed nothing by the July 31, 2017 deadline.
IT IS ORDERED that this case is dismissed without prejudice.
________________________________
UNITED STATES DISTRICT JUDGE
Counsel:
Carson M. Rodgers
Sacramento, New Mexico
Plaintiff Pro Se
Stephanie Kiley
Social Security Administration
Office of General Counsel
Denver, Colorado
--and-James D. Tierney
United States Attorney
Manuel Lucero
Assistant United States Attorney
United States Attorney’s Office
Albuquerque, New Mexico
Attorneys for the Defendant Social Security Administration
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