Rodgers v. Social Security Administration, No. 2:2017cv00009 - Document 20 (D.N.M. 2018)

Court Description: MEMORANDUM OPINION AND ORDER by District Judge James O. Browning dismissing the case without prejudice on United States Magistrate Judge's Order to Show Cause 16 . (mnb)
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Rodgers v. Social Security Administration Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO CARSON M. RODGERS, Plaintiff, vs. No. CIV 17-0009 JB/CEG NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on the Honorable Gregory Fouratt, United States Magistrate Judge’s Order to Show Cause, filed July 19, 2017 (Doc. 16)(“Show Cause Order”), which directed Plaintiff Carson M. Rodgers to respond in writing not later than July 31, 2017, why the Court should not dismiss the case for Rodgers’ failure to file a Motion to Reverse or Remand by the previously imposed deadline. See Order Setting Briefing Schedule at 1, filed April 13, 2017 (Doc. 15)(establishing June 12, 2017 as the deadline for Rodgers’ motion). In the Show Cause Order, Magistrate Judge Fouratt cautioned Rodgers that his failure to show cause “will serve as grounds for dismissing this case without prejudice.” Show Cause Order at 1. Nonetheless, despite this clear warning, Rodgers filed nothing by the July 31, 2017 deadline. IT IS ORDERED that this case is dismissed without prejudice. ________________________________ UNITED STATES DISTRICT JUDGE Counsel: Carson M. Rodgers Sacramento, New Mexico Plaintiff Pro Se Stephanie Kiley Social Security Administration Office of General Counsel Denver, Colorado --and-James D. Tierney United States Attorney Manuel Lucero Assistant United States Attorney United States Attorney’s Office Albuquerque, New Mexico Attorneys for the Defendant Social Security Administration -2-
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