Archuleta v. Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DEVON ARCHULETA, Plaintiff, Vv. No. 1:19-CV-473 DHU/KRS KILOLO KIJAKAZI, Acting Commissioner of Social Security Administration, Defendant. ORDER TO SHOW CAUSE THIS MATTER is before the Court sua sponte. On March 2, 2022, this case was reopened pursuant to the Social Security Administration’s Motion to Reopen. See (Doc. 20). The Court entered a briefing schedule and ordered Plaintiff to file a Motion to Reverse or Remand Administrative Agency Decision no later than May 3, 2022. (Doc. 22). This case was subsequently reassigned to the undersigned as the pretrial judge. (Doc. 24). Plaintiff has neither filed a Motion to Remand nor requested an extension of time to do so. A district court has inherent power to dismiss a case sua sponte for failure to prosecute or for failure to comply with a court order. See Link v. Wabash R.R. Co., 370 U.S. 626, 629-31 (1962); Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003). IT IS THEREFORE ORDERED that on or before June 6, 2022, Plaintiff shall either file a Motion to Reverse or Remand Administrative Agency Decision with a supporting memorandum of law, or file a response to this Order showing cause why this case should not be dismissed without prejudice for failure to prosecute.

Quin Susogea “Ei SWEAZEA UNITED STATES MAGISTRATE JUDGE