Moore v. Berryhill

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 11) AND DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE AND DISMISSING AS MOOT REPORT AND RECOMMENDATION: RE CONTEMPT (ECF No. 12) Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JEANNETTE DENISE MOORE,
Plaintiff,
Case No. 18-10071
v.
HONORABLE AVERN COHN
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
____________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION (ECF No. 11)
AND
DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE
AND
DISMISSING AS MOOT REPORT AND RECOMMENDATION: RE CONTEMPT
(ECF No. 12)
I.
This is a Social Security case. Plaintiff Jeannette Denise Moore, through
counsel, appeals from the final determination of the Commissioner of Social Security
(Commissioner) that she is not disabled and therefore not entitled to disability insurance
benefits. The matter was referred to a magistrate judge for all pretrial proceedings. The
magistrate judge issued a scheduling order requiring plaintiff’s counsel to file a motion
for summary judgment. Plaintiff’s counsel did not file a motion and did not response to
an order to show cause regarding the failure to file a motion. Accordingly, the
magistrate judge issued a report and recommendation (MJRR), recommending that the
case be dismissed for failure to prosecute. (ECF No. 11). The magistrate judge also
issued a second MJRR, recommending contempt or disciplinary proceedings be

initiated against plaintiff’s counsel based upon counsel’s inaction in this and other Social
Security cases.
II.
Neither party has objected to either MJRR and the time for doing so has passed.
Neither party has filed objections to the MJRR and the time for filing objections has
passed. The failure to file objections to the report and recommendation waives any
further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d
1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's
report releases the Court from its duty to independently review the motions. Thomas v.
Arn, 474 U.S. 140, 149 (1985).
However, the Court has reviewed the MJRRs. The Court agrees with the
magistrate judge that the case should be dismissed for failure to prosecute.
Accordingly, the findings and conclusions of the magistrate judge are ADOPTED as the
findings and conclusions of the Court. This case is DISMISSED WITHOUT
PREJUDICE. See Fed. R. Civ. P. 41(b).
In light of this determination, the MJRR regarding contempt is DISMISSED AS
MOOT.
SO ORDERED.

Dated: 10/8/2019
Detroit, Michigan

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE

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