Yax v. Social Security, Commissioner of

Filing 13

ORDER Adopting 12 Report and Recommendation and Dismissing Plaintiff's Complaint pursuant to Rule 41(b). Signed by District Judge Marianne O. Battani. (BThe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES JOHN YAX,
Plaintiff,

Case No. 11-10228
Hon. Marianne O. Battani

v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
____________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND DISMISSING PLAINTIFF’S COMPLAINT PURSUANT TO RULE 41(b)
Plaintiff James John Yax brings this action challenging the final decision of the
Commissioner denying his application for disability insurance benefits. The case was
referred to Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. § 636(b)(1). After
Plaintiff failed to file a dispositive motion in accordance with the scheduling order, the
Magistrate Judge issued an order informing Plaintiff that if he failed to file a motion and
brief on or before June 30, 2011, the Magistrate Judge would recommend that this case
be dismissed with prejudice.
Plaintiff failed to file a motion and brief.

Consequently, in a Report and

Recommendation ("R&R") dated July 7, 2011, Magistrate Judge Binder recommended that
the Court dismiss this matter pursuant to Rule 41(b), for failure to prosecute. FED. R. CIV.
P. 41(b).
In his R&R, the Magistrate Judge informed the parties that objections to the R&R
needed to be filed within “fourteen (14) days of service” and that a party’s failure to file
objections would waive any further right of appeal. R&R at 4. Neither party filed an

objection.
Because no objection has been filed in this case, the parties waived their right to de
novo review and appeal.

Accordingly, the Court ADOPTS the Magistrate Judge’s

recommendation, and DISMISSES Plaintiff’s Complaint with prejudice.
IT IS SO ORDERED.

s/Marianne O. Battani
MARIANNE O. BATTANI
UNITED STATES DISTRICT JUDGE

DATE: July 25, 2011

CERTIFICATE OF SERVICE
A copy of this Order was e-filed and/or mailed to Plaintiff and counsel of record
on this date.

s/Bernadette M. Thebolt
Case Manager

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