Garcia v. Social Security, Commissioner of

Filing 15

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WILLIAM GARCIA,
Plaintiff,
Case No. 11-15499
v.
Honorable Patrick J. Duggan
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE
On December 15, 2011, William Garcia (“Plaintiff”) filed this pro se action pursuant
to 42 U.S.C. § 405(g), seeking review of a decision of Defendant Commissioner of Social
Security (“Commissioner”) with respect to his application for disability benefits. The
matter has been referred to Magistrate Judge Charles E. Binder for all pretrial proceedings.
On May 3, 2012, Magistrate Judge Binder issued a Report and Recommendation
(“R&R”) in which he noted that the Commissioner had moved to dismiss this action and
that Plaintiff was directed to file a response by April 6, 2012. Magistrate Judge Binder
noted that Plaintiff failed to file a response to the Commissioner’s motion. Magistrate
Judge Binder further observed that items mailed to Plaintiff’s last known address have
been returned as undeliverable, and that Plaintiff has not provided the Court with another
mailing address. Magistrate Judge Binder recommends that this Court dismiss Plaintiff’s
action sua sponte for lack of prosecution pursuant to Federal Rule of Civil Procedure

41(b). R&R 2-3.
At the conclusion of the R&R, Magistrate Judge Binder advises the parties that they
may object and seek review of the R&R within fourteen days of service upon them. R&R
3. He further advises that “[f]ailure to file specific objections constitutes a waiver of any
further right of appeal.” Id. (citing Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985);
Howard v. Sec’y of Health & Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v.
Walters, 638 F.2d 947 (6th Cir. 1981)). No objections to the R&R have been filed.
The Court has reviewed the R&R and concurs with the conclusion reached by
Magistrate Judge Binder.
Accordingly,
IT IS ORDERED that this action is DISMISSED for lack of prosecution pursuant
to Federal Rule of Civil Procedure 41(b).

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Magistrate Judge Charles E. Binder
Theresa M. Urbanic, A.U.S.A.
William Garcia
32930 Barton
Garden City, MI 48135

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