Collier v. Astrue

Filing 18

REPORT AND RECOMMENDATION to dismiss re 3 Complaint filed by Marie A Collier Objections to R&R due by 2/9/2009. Ordered by U.S. Mag. Judge Richard L. Hodge on 1/15/2009. (msd)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION

MARIE A. COLLIER, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ____________________________________

: : : : : : : : : :

Civil Action No. 1:08-CV-29 (WLS)

RECOMMENDATION On October 15, 2008, the undersigned ordered the plaintiff, who is proceeding in this Social Security Appeal pro se, to file within 30 days a brief supporting her request for remand. Plaintiff filed a request for additional time on November 14, 2008, which was granted on December 12, 2008, giving plaintiff an additional thirty days in which to file her brief; however, the undersigned warned that no further extensions of time would be granted and that plaintiff's failure to file a supporting brief within the time frame contemplated in the order would result in a recommendation to dismiss the action. Plaintiff has failed to file any brief or any other documentation as contemplated by the December 12, 2008 order. It is therefore the RECOMMENDATION of the undersigned that this action be DISMISSED for plaintiff's failure to comply with the December 12, 2008 order to file a brief. Pursuant to 28 U.S.C. § 636(b)(1), the parties may file written objections to this recommendation with the Honorable W. Louis Sands, United States District Judge, WITHIN TEN (10) DAYS of receipt thereof.

SO RECOMMENDED, this 15th day of January, 2009.

//S Richard L. Hodge RICHARD L. HODGE UNITED STATES MAGISTRATE JUDGE msd

2