Kimberly Edwards v. Frank J. Bisignano, Commissioner of Social Security Administration

Summary

The United States District Court for the Eastern District of Missouri dismissed Kimberly Edwards’s action seeking judicial review of a Social Security decision without prejudice. The court dismissed the case under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with the court’s case management and show-cause orders, and certified that an appeal would not be taken in good faith.

Holdings

1. A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to comply with court orders and fails to prosecute after receiving meaningful notice of the required action, a warning of possible dismissal, and additional time to comply. Because Plaintiff failed to file the required brief and failed to respond to the show-cause order, dismissal was warranted.

Questions Presented

1. Whether the action should be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to comply with court orders and failed to prosecute the case.

Disposition

dismissed