Case Name in Social Security Case - Unavailable

4:23-cv-01360Moed5 janv. 2026

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
VICKIE WRIGHT, )
)
Plaintiff, )
)
vs. ) No. 4:23-cv-01360-MTS
)
FRANK BISIGNANO, Commissioner of )
the Social Security Administration, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on review of the file. On September 22, 2025, the
Court entered an order denying Defendant’s Motion to Dismiss, Doc. [12], without
prejudice. Doc. [18] at 5. The Court determined that it did not have sufficient information
to rule on Defendant’s res judicata arguments—namely that, by bringing this action,
Plaintiff impermissibly seeks to relitigate an adverse decision that the Social Security
Administration rendered on May 03, 2021. Id. To that end, the Court ordered Defendant
to supplement the record and file the Certified Administrative Record underlying the
agency’s May 2021 decision. Defendant did so on December 09, 2025. Doc. [21]. The
Court also ordered Plaintiff to file, “within twenty-one (21) days of the filing of
the Certified Administrative Record, . . . (1) a copy of the relevant Appeals Council’s
letter denying her request for review and (2) a written response that complies with the
instructions set forth in [the Court’s September 22, 2025,] Memorandum and Order.”
Doc. [18] at 6.
Case: 4:23-cv-01360-MTS Doc. #: 22 Filed: 01/05/26 Page: 1 of 2 PageID #:
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There, the Court instructed Plaintiff to provide four discrete pieces of information
in her required response, including “(1) the date of the ALJ’s decision she is challenging,
(2) the date she received notice of the ALJ’s decision, (3) whether and when she requested
that the Appeals Council review the ALJ’s decision, and (4) the date she received the
Appeals Council’s letter denying review of the ALJ’s decision.” Id. at 5. The Court
warned Plaintiff that “failure to timely comply . . . [would] result in the dismissal of this
action without prejudice and without further notice.” Id. Plaintiff’s deadline to comply
was Tuesday, December 30, 2025, and she has not done so. Nor has she sought additional
time in which to do so. Accordingly, the Court will enter herewith an Order of Dismissal
that dismisses this action without prejudice for Plaintiff’s failure to follow the Court’s order
and for her failure to prosecute this case. See Fed. R. Civ. P. 41(b); see also Brown v. Frey,
806 F.2d 801, 803–04 (8th Cir. 1986) (a district court has the power to dismiss an action
for the plaintiff's failure to comply with any court order).
Dated this 5th day of January 2026.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
Case: 4:23-cv-01360-MTS Doc. #: 22 Filed: 01/05/26 Page: 2 of 2 PageID #:
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