David Mad Lujan v. Andrew Saul
Opinion
Trial Court Opinion
I.
BACKGROUND
On September 11, 2020, Plaintiff David L. (“Plaintiff”) filed a Complaint challenging the denial of his 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 September 15, 2020, 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 thirty (30) days after the filing of the Complaint, i.e. no later than October 13, 2020. Dkt. 8 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. 2 The Court notes a summons was not issued until October 15, 2020. Dkt. 9.