Case Name in Social Security Case - Unavailable

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Petrika Vesho
v. 	Civil No. 24-cv-183-LM-AJ
Martin O’Malley, Commissioner
Social Security Administration
Report and Recommendation
Petrika Vesho filed this action seeking review of the
Social Security Administration Commissioner’s decision that
denied his application for disability benefits under Title II of
the Social Security Act. On preliminary review, the court
directed service of the complaint, and the case proceeded under
Local Rule 9.1. The Commissioner filed the administrative record
on August 27, 2024.
Vesho did not file a motion to reverse the Commissioner’s
decision within 30 days after the administrative record was
filed as is required under Local Rule 9.1(c). On October 4, the
court gave Vesho an additional 14 days to file the motion to
reverse and notified him that failure to file could result in
dismissal of his complaint. Doc. no. 6. To date, Vesho has not
filed a motion to reverse, sought an extension of time to do so,
or otherwise contacted the court.
“A district court, as part of its inherent power to manage
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its own docket, may dismiss a case sua sponte for any of the
reasons described in Fed. R. Civ. P. 41(b).” Cintron-Lorenzo v.
Dep’t de Asumtos del Consumidor, 312 F.3d 522, 526 (1st Cir.
2002); see also Link v. Wabash R. Co., 370 US. 626, 630-31
(1962). Rule 41(b) provides that the court may dismiss an action
“[i]f the plaintiff fails to prosecute or to comply with these
rules or a court order.”
The case cannot proceed in the absence of Vesho’s motion to
reverse. In failing to file a motion to reverse, Vesho has
failed to prosecute his complaint seeking judicial review of a
decision by the Commissioner of Social Security. He also failed
to comply with the court’s order to file the motion to reverse.
Dismissal, therefore, is appropriate.
Conclusion
For the foregoing reasons, the district court should
dismiss Petrika Vesho’s complaint (doc no. 1). In consideration
of Vesho’s pro se status, however, the dismissal should be
without prejudice.
______________________________
Andrea K. Johnstone
United States Magistrate Judge
October 25, 2024
cc: Petrika Vesho, pro se.
Candace H. Lawrence, Esq.
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