Heim v. Comissioner of Social Security
Filing
9
OPINION AND ORDER adopting 8 Report and Recommendation. This action is dismissed without prejudice for failure to prosecute. The Clerk shall enter judgment accordingly, terminate all previously scheduled deadlines and pending motions, and close the file. Signed by Judge John E. Steele on 1/11/2016. (KP)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT HEIM,
Plaintiff,
v.
Case No: 2:15-cv-677-FtM-99MRM
COMISSIONER
SECURITY,
OF
SOCIAL
Defendant.
OPINION AND ORDER
This matter is before the Court on consideration of the
Magistrate Judge’s Report and Recommendation (Doc. #8), filed
December 21, 2015, recommending that this action be dismissed for
failure to prosecute.
No objections have been filed and the time
to do so has expired.
After conducting a careful and complete review of the findings
and recommendations, a district judge may accept, reject or modify
a magistrate judge’s report and recommendation.
636(b)(1);
28 U.S.C. §
Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),
cert. denied, 459 U.S. 1112 (1983).
In the absence of specific
objections, there is no requirement that a district judge review
factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9
(11th Cir. 1993), and the court may accept, reject or modify, in
whole or in part, the findings and recommendations.
636(b)(1)(C).
28 U.S.C. §
The district judge reviews legal conclusions de
novo, even in the absence of an objection.
See Cooper-Houston v.
Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),
aff’d, 28 F.3d 116 (11th Cir. 1994).
On October 30, 2015, Plaintiff, who is proceeding pro se,
commenced this case and moved for leave to proceed in forma
pauperis.
(Docs. ##1-2.)
On November 3, 2015, the Magistrate
Judge denied Plaintiff’s without prejudice and instructed him to
refile a more complete Affidavit of Indigency within fourteen days.
(Doc. #3.)
Plaintiff did not make any additional filings in
response to that Order.
On December 8, 2015, the Magistrate Judge
ordered Plaintiff to file a more complete Affidavit of Indigency,
and further ordered Plaintiff to show cause why this case should
not be dismissed for failure to prosecute.
(Doc. #7.)
Plaintiff
did not respond that Order either, and the time to do so has
expired.
As a result, the Magistrate Judge recommends that this
case be dismissed pursuant to Local Rule 3.10(a), which provides
that “[w]henever it appears that any case is not being diligently
prosecuted the Court may, on motion of any party or on its own
motion, enter an order to show cause why the case should not be
dismissed, and if no satisfactory cause is shown, the case may be
dismissed by the Court for want of prosecution.”
3.10(a).
M.D. Fla. R.
After conducting an independent examination of the file
and upon due consideration of the Report and Recommendation, the
- 2 -
Court accepts the Report and Recommendation of the Magistrate
Judge.
Accordingly, it is now
ORDERED:
1.
The
Report
and
Recommendation
(Doc.
#8)
is
hereby
adopted and the findings incorporated herein.
2.
to
This action is DISMISSED without prejudice for failure
prosecute.
The
Clerk
shall
enter
judgment
accordingly,
terminate all previously scheduled deadlines and pending motions,
and close the file.
DONE and ORDERED at Fort Myers, Florida, this
of January, 2016.
Copies:
Hon. Mac R. McCoy
United States Magistrate Judge
Counsel of Record
Unrepresented parties
- 3 -
11th
day
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