Latia Suttle v. Commissioner of Social Security
Opinion
Trial Court Opinion
I.
BACKGROUND
On February 10, 2021, Plaintiff Latia 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.”) 2.
On March 16, 2021, the Court issued a Case Management Order (“CMO”) instructing Plaintiff to “file with this [C]ourt proof of service” of the summons and Complaint on Defendant Commissioner of Social Security “not later than ninety-seven (97) days after the filing of the [C]omplaint,” i.e. no later than May 18, 2021. Dkt. 7 at 1-2 (emphasis in original). The CMO warned Plaintiff that “failure to timely effectuate service may result in the dismissal of the action without prejudice by reasons of [P]laintiff’s failure to prosecute, unless [P]laintiff can show good cause for extending the time for service.” Id. at 2 (emphasis in original).
As of the date of this Order, Plaintiff still has not filed a proof of service, per the Court’s
CMO.
Partially redacted in compliance with Federal Rule of Civil Procedure 5.2(c)(2)(B) and the recommendation of the…