Case Name in Social Security Case - Unavailable

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DRAPER GORDON, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 1:25 CV 90 RWS
)
FRANK BISIGNANO, 	)
Commissioner of Social Security, 	)
)
Defendant. 	)
MEMORADUM AND ORDER OF DISMISSAL
On October 10, 2025, this Court entered a Memorandum and Order to Show
Cause which directed plaintiff to show cause in writing within thirty (30) days why
his complaint should not be dismissed without prejudice for failure to comply with
the provisions of the Case Management Order entered on May 27, 2025. ECF 8.
As explained in the Memorandum and Order to Show Cause, the Case
Management Order required plaintiff to file his brief and statement of
uncontroverted facts in support of his application for benefits within thirty (30)
days after the Commissioner filed the certified administrative transcript on July 16,
2025. ECF 8. The Memorandum and Order to Show Cause further directed that
plaintiff could satisfy the Show Cause Order by filing his brief and statement of
uncontroverted facts in support of the complaint by November 10, 2025, and
specifically warned him that his failure to timely respond would result in the
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dismissal of the complaint without prejudice without further notice by the Court.
ECF 8.
Plaintiff responded by filing a one-page handwritten document informing the
Court that he has moved to Chicago and listing his new doctor, his current
treatment, and his alleged current impairments. ECF 9. Because this document
did not comply with the provisions of the Show Cause Order or the Case
Management Order, I sent out another Memorandum and Order on October 31,
2025, informing plaintiff that his submission did not meet the Court’s requirements
because it did not even address the ALJ decision at issue in this case. ECF 10. In
the interests of justice, I gave plaintiff additional time, up to and including
November 19, 2025, to comply with the provisions of the Memorandum and Order
to Show Cause issued on October 10, 2025, and the Case Management Order
entered on May 27, 2025. ECF 10. My October 31, 2025, Memorandum and
Order provides as follows:
Plaintiff shall comply with the provisions of the Memorandum and Order to
Show Cause Issued on October 10, 2025 and show cause in writing by
November 19, 2025, why the complaint should not be dismissed without
prejudice for failure to comply with the provisions of the case management
order. Plaintiff can satisfy the Show Cause Order entered in this case on
October 10, 2025, by filing his brief in support of the complaint by
November 19, 2025. 	The brief must comply with the provisions of the case
management order and must include a statement of uncontroverted material
facts, with each fact set out in a separately numbered paragraph and
supported by citations to the administrative transcript. Failure to comply
with the provisions of the Memorandum and Order to Show Cause issued on
October 10, 2025, by November 19, 2025, will result in the dismissal of the
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complaint without prejudice without further notice by the Court.
ECF 10. 	In response to the October 31, 2025, Memorandum and Order, plaintiff
filed a copy of his identification card, his medical insurance card, a list of medical
appointments, and an invoice for a cane. ECF 11. Plaintiff has not filed anything
else in response to the October 10, 2025, Memorandum and Order to Show Cause
or the October 31, 2025, Memorandum and Order, and his time for doing so has
now expired.
Plaintiff has failed to comply with the Case Management Order entered on
May 27, 2025 (ECF 6), the Memorandum and Order to Show Cause dated October
10, 2025 (ECF 8), and the Memorandum and Order dated October 31, 2025 (ECF
10). He has not filed a brief in support of the complaint or a statement of
uncontroverted material facts, with each fact set out in a separately numbered
paragraph and supported by citations to the administrative transcript. The Court
granted plaintiff additional time to comply with Case Management Order and the
October 10, 2025, Memorandum and Order to Show Cause, but he has failed to do
so. Plaintiff’s self-represented status does not excuse his compliance with the
Orders of this Court. This Court cannot determine whether the ALJ decision at
issue in this case should be affirmed or reversed without a brief from the plaintiff
supporting the complaint and a statement of uncontroverted facts as required by the
Case Management Order. See ECF 6. This Court cannot make legal and factual
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arguments on behalf of the plaintiff.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s complaint is dismissed without
prejudice for failure to comply with the provisions of the Case Management Order
entered on May 27, 2025, and to respond to the Court’s October 10, 2025,
Memorandum and Order to Show Cause and October 31, 2025, Memorandum and
Order as directed by the Court.
A separate Order of Dismissal is entered this same date.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 25th day of November, 2025.
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