Dorene Arnell Bartlett v. Andrew Saul

Good Law
United States District Court, Central District of CaliforniaJuly 26, 20218:21-cv-01086California393 words

Opinion

Trial Court Opinion

I.

BACKGROUND

On June 22, 2021, Plaintiff Dorene B. (“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 June 24, 2021, 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 July 22, 2021. 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.

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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 without prejudice for…

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