Esparza v. Social Security Administration

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