SHAW v. COLVIN

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations. Copy sent to Plaintiff via US Mail. Signed by Judge Richard L. Young on 9/16/2016.(JRB)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DEREK WAYNE SHAW, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. 1:15-cv-01816-RLY-DML ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Derek Wayne Shaw, Plaintiff, filed his Complaint against Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, seeking judicial review of the Commissioner’s decision to deny his application for disability insurance benefits. On August 11, 2016, the Magistrate Judge sua sponte issued a Report and Recommendation. The Magistrate Judge recommended that the court dismiss Plaintiff’s Complaint with prejudice due to his failure to prosecute the case and his failure to comply with the court’s briefing schedule. Neither party objects. Consequently, the court reviews the Report and Recommendation for clear error. Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). After reviewing the record, the court finds that the Magistrate Judge did not commit clear error. Therefore, the court ADOPTS the Report and Recommendation (Filing No. 21). Plaintiff’s Complaint is hereby DISMISSED WITH 1 PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders. SO ORDERED this 16th day of September 2016. __________________________________ RICHARD L. YOUNG, CHIEF JUDGE United States District Court Southern District of Indiana Distributed Electronically to Registered Counsel of Record. Distributed via U.S. Mail: Derek Wayne Shaw 1000 Cottage Avenue Crawfordsville, IN 47933 2

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