Esparza v. Social Security Administration
This text of Esparza v. Social Security Administration (Esparza v. Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MARIA E. ESPARZA, Plaintiff, v. No. 2:20-CV-537 WJ/KRS ANDREW SAUL, Commissioner of the Social Security Administration, Defendant. ORDER TO SHOW CAUSE This matter is before the Court sua sponte. Plaintiff filed a Complaint June 3, 2020, appealing the final decision of the Social Security Administration, which denied her claim for benefits. (Doc. 1). On December 4, 2020, the Court set a briefing schedule and ordered Plaintiff to file a Motion to Reverse or Remand Administrative Agency Decision no later than January 29, 2021. (Doc. 20). 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 March 4, 2021, 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 her claim.
KEVINR.SWEAZEA UNITED STATES MAGISTRATE JUDGE
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