Cantu v. Social Security Administration et al

Filing 7

ORDER OF DISMISSAL. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
RUSSELL CANTU,
Plaintiff,
VS.
SOCIAL SECURITY
ADMINISTRATION, et al,
Defendants.

February 24, 2017
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 2:16-CV-425
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ORDER

Plaintiff, proceeding pro se and in forma pauperis, seeks review of a final decision
denying him social security benefits. Plaintiff’s complaint was filed on October 6, 2016.
(D.E. 1). On October 7, 2016, Plaintiff was ordered to complete the summons forms and
return them to the Clerk of Court. (D.E. 4). Plaintiff was advised not to delay in
returning the necessary forms because his case could not proceed until Defendants were
properly served in accordance with the deadlines for service set by the Federal Rules of
Civil Procedure. (D.E. 4). Further, Plaintiff was warned that a district court may dismiss
an action for failure to prosecute or to comply with any order of the court. (D.E. 4);
McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir. 1988); Fed. R. Civ. P. 41(b).
On January 26, 2017, after Plaintiff failed to comply and failed to serve the
Defendants, Plaintiff was ordered to show cause on or before February 8, 2017, as to why
this case should not be dismissed for want of prosecution. (D.E. 6). Plaintiff was again
warned that a district court may dismiss an action for failure to prosecute or to comply
with any order of the court. (D.E. 6, Page 2). To date, Plaintiff has failed to comply and
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the Defendants have not been served. The deadline for service has passed. See Fed. R.
Civ. P. 4m. The Court finds Plaintiff’s default in this action demonstrates a continuing
and intentional failure to prosecute his claims.

Therefore, Plaintiff’s case is

DISMISSED without prejudice.
ORDERED this 24th day of February, 2017.
___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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