McDaniel v. Social Security, Commissioner of

Filing 31

ORDER Adopting 26 Report and Recommendation finding as moot 16 Motion to Dismiss filed by Social Security, Commissioner of. Signed by District Judge Paul D. Borman. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERRY L. MCDANIEL,
Case No. 15-12507
Plaintiff,
Paul D. Borman
United States District Judge
v.
Anthony P. Patti
United States Magistrate Judge
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
______________________________/
ORDER ADOPTING THE MAGISTRATE’S REPORT AND RECOMMENDATION
(ECF NO. 26) AND DENYING AS MOOT DEFENDANT’S MOTION TO DISMISS
FOR FAILURE TO PROSECUTE (ECF NO. 16)
Before the Court is Magistrate Judge Anthony P. Patti’s August 23, 2016 Report and
Recommendation regarding Defendant’s Motion to Dismiss for Failure to Prosecute. (Report
and Recommendation, ECF No. 26.) As set forth in the Report and Recommendation, the
Magistrate Judge recommends that this Court deny as moot Defendant’s Motion to Dismiss
based on the subsequent filings in this matter which include the appearance of counsel on
Plaintiff’s behalf, a request for an extension of time, and the fact Plaintiff has since filed a
motion for summary judgment.
Having reviewed the Report and Recommendation, and there being no timely
objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the
Court ADOPTS the Report and Recommendation (ECF No. 26) and DENIES AS MOOT

Defendant’s Motion to Dismiss for Failure to Prosecute (ECF No. 16).
IT IS SO ORDERED.

s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: September 12, 2016

CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney
or party of record herein by electronic means or first class U.S. mail on September 12, 2016.

s/Deborah Tofil
Case Manager

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