Lopez v. United States Small Business Administration

D. Massachusetts

Lopez v. United States Small Business Administration

District Court, D. Massachusetts·Decided June 30, 2025·No. 1:24-cv-12857·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) JUAN LOPEZ, ) ) Plaintiff, ) ) v. ) No. 1:24-cv-12857-JEK ) UNITED STATES SMALL BUSINESS ) ADMINISTRATION, ) ) Defendant. ) )

ORDER OF DISMISSAL

KOBICK, J.

On June 2, 2025, the Court granted plaintiff Juan Lopez’s motion for leave to proceed in forma pauperis. ECF 4. The Court also dismissed Lopez’s complaint with leave to file an amended complaint that states a plausible claim for relief. Id. The Court stated that failure to do so by June 23, 2025 would result in dismissal of the action without prejudice. Id. The time for complying with the June 2, 2025 order has lapsed without any response from Lopez. Because Lopez has not timely filed an amended complaint, this action is DISMISSED without prejudice for lack of prosecution. See Santos v. Dep’t of Educ. of Com. of Puerto Rico, 108 F. App’x 638, 640 (1st Cir. 2004) (district courts have “the power to act sua sponte to dismiss a suit for failure to prosecute”); Tower Ventures, Inc. v. City of Westfield, 296 F.3d 43, 46 (1st Cir. 2002) (“disobedience of court orders . . . warrants dismissal”). SO ORDERED. /s/ Julia E. Kobick JULIA E. KOBICK Dated: June 30, 2025 UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

) JUAN LOPEZ, ) ) Plaintiff, ) ) v. ) No. 1:24-cv-12857-JEK ) UNITED STATES SMALL BUSINESS ) ADMINISTRATION, ) ) Defendant. ) )

ORDER OF DISMISSAL

KOBICK, J.

On June 2, 2025, the Court granted plaintiff Juan Lopez’s motion for leave to proceed in forma pauperis. ECF 4. The Court also dismissed Lopez’s complaint with leave to file an amended complaint that states a plausible claim for relief. Id. The Court stated that failure to do so by June 23, 2025 would result in dismissal of the action without prejudice. Id. The time for complying with the June 2, 2025 order has lapsed without any response from Lopez. Because Lopez has not timely filed an amended complaint, this action is DISMISSED without prejudice for lack of prosecution. See Santos v. Dep’t of Educ. of Com. of Puerto Rico, 108 F. App’x 638, 640 (1st Cir. 2004) (district courts have “the power to act sua sponte to dismiss a suit for failure to prosecute”); Tower Ventures, Inc. v. City of Westfield, 296 F.3d 43, 46 (1st Cir. 2002) (“disobedience of court orders . . . warrants dismissal”). SO ORDERED. /s/ Julia E. Kobick JULIA E. KOBICK Dated: June 30, 2025 UNITED STATES DISTRICT JUDGE

Lopez v. United States Small Business Administration, (D. Mass. 2025).

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