New v. Commissioner of Social Security

Filing 11

ORDER declining to adopt 9 Report and Recommendations. Signed by District Judge Sharion Aycock on 4/8/2014. (psk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
ROSE NEW

PLAINTIFF

vs.

CIVIL ACTION NO. 4:13-cv-0013-SA-SAA

COMMISSIONER OF SSA

DEFENDANT

ORDER ON REPORT AND RECOMMENDATION
On consideration of the file and records in this action, the court finds that the Report and
Recommendation of the United States Magistrate Judge dated October 23, 2013, was on that date
duly served by electronic mail through the court’s CM/ECF system upon counsel for the plaintiff.
Plaintiff thereafter filed an Objection to the Report and Recommendation arguing that the Plaintiff’s
attorney’s inexperience with non-IFP plaintiffs was the cause for delay in this case. Because a
dismissal under Federal Rule of Civil Procedure 41(b) is an adjudication on the merits, the Court
declines to adopt the Report and Recommendations of the United States Magistrate Judge.
It is, therefore, ORDERED:
1.

that the Court declines to adopt the report and recommendations of the United States
Magistrate Judge dated October 13, 2013, and

2.

Plaintiff is instructed that process shall issue to the Defendants named within twentyone (21) days of the date of this Order.

3.

A failure to further comply with the deadlines established by this Court shall result
in the dismissal of this action.

THIS, the 8th day of

April , 2014.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE