Heidi M. Sicurella v. Commissioner of Social Security
Opinion
Trial Court Opinion
I.
BACKGROUND
On December 6, 2019, Plaintiff Heidi S. (“Plaintiff”) filed a Complaint challenging the denial of her application for Title II Disability Insurance Benefits and/or Title XVI Supplemental Security Income by the Commissioner of the Social Security Administration (“Defendant”). ECF Docket No. (“Dkt.”) 1.
On December 11, 2019, the Court issued a Case Management Order (“CMO”) instructing Plaintiff to “promptly serve the summons and complaint on the Commissioner,” and to “electronically file a proof of service” within ninety-seven (97) days of the filing of the Complaint, i.e. no later than March 12, 2020. Dkt. 9 at 1-2. The CMO warned Plaintiff that failure to follow those instructions “may result in dismissal of this case.” Id. at 2.
As of the date of this Order, Plaintiff still has not filed a proof of service, per the Court’s
CMO.
///
1 Partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(2)(B) and the recommendation of the Committee on Court Administration and Case Management of the Judicial Conference of the United States.
II.
DISCUSSION
Under Federal Rule of Civil Procedure 41(b), the Court may dismiss an action with prejudice…