Amanda S. v. Frank Bisignano, Commissioner of the Social Security Administration

Summary

The Chief United States Magistrate Judge recommends dismissing Amanda S.’s Social Security disability action without prejudice for failure to prosecute and failure to comply with the court’s briefing schedule and show-cause order. The recommendation may be withdrawn if Plaintiff files a motion to reverse or remand within 14 days, and the parties may file objections within the same period.

Holdings

1. Federal Rule of Civil Procedure 41(b) permits a court to dismiss an action sua sponte when a plaintiff fails to prosecute or fails to comply with the rules of civil procedure or a court order.
2. Dismissal without prejudice was recommended because Plaintiff failed to prosecute, substantially interfered with the judicial process, was culpable for the noncompliance, had been warned that dismissal could result, and did not demonstrate that lesser sanctions would be effective.

Questions Presented

1. Whether the Court may dismiss the action sua sponte under Federal Rule of Civil Procedure 41(b) for Plaintiff's failure to prosecute and failure to comply with court orders.
2. Whether the Ehrenhaus factors supported dismissal without prejudice after Plaintiff failed to file the required merits motion and failed to respond to the order to show cause.

Disposition

other