Allen v. Social Security Administration Commissioner

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
AMBER MICHELLE ALLEN
on behalf of her minor child 	PLAINTIFF
vs. 	Civil No. 4:25-cv-04095
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION 	DEFENDANT
MEMORANDUM OPINION
Before the Court is Plaintiff’s Complaint. ECF No. 1. The Parties have consented to the
jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including
conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment
proceedings. ECF No. 5. Pursuant to this authority, the Court issues this memorandum opinion
and orders the entry of a final judgment in this matter.
1. Background:
On November 14, 2025, Plaintiff filed a Complaint appealing the Commissioner’s final
administrative decision denying her claim, on behalf of her minor child, for disability benefits.
ECF No. 1. 	On January 13, 2026, Defendant filed the Social Security Transcript of the
administrative proceedings and answered Plaintiff Complaint. ECF No. 6.
On January 14, 2026, this Court entered a Text Only Social Security Scheduling Order
directing Plaintiff to file a brief within 30 days of the date of the filing of the transcript. ECF No.
7. The Order specifically stated Plaintiff’s brief was due by February 13, 2026. The Order placed
Plaintiff on notice that “Plaintiff’s failure to file a timely brief may result in dismissal for failure
to prosecute.” Id. Plaintiff failed to file her brief by this deadline.
On March 17, 2026, this Court ordered Plaintiff to show cause why the Court should not
dismiss this case due to Plaintiff’s failure to prosecute this action, comply with an order of the
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Court, and file an appeal brief. ECF No. 8. Plaintiff was to respond no later than March 31, 2026.
Id. Plaintiff has failed to respond to this Court Order and has not filed her appeal brief.
2. Conclusion:
Based on the foregoing, the undersigned finds the Plaintiff has failed to show cause why
the action against Defendant Social Security Administration should not be dismissed without
prejudice for failure to prosecute. 	Accordingly, the Court DISMISSES Plaintiff’s Complaint
without prejudice for failure to comply with an order of the Court and failure to prosecute this
action.
A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil
Procedure 52 and 58.
ENTERED this 3rd day of April 2026.
/s/ Spencer G. Singleton
HONORABLE SPENCER G. SINGLETON
UNITED STATES MAGISTRATE JUDGE
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