Gilbert v. S.S.I. Office

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations, 14 Report and Recommendations Signed by District Judge Henry T. Wingate on 7/31/15 (TRS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
RACHEL GILBERT
PLAINTIFF
vs.

CIVIL ACTION NO. 3:14-CV-9-HTW-LRA

CAROLYN W. COLVIN, COMMISSIONER
OF SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes on pursuant to the Report and Recommendations of United
States Magistrate Judge Linda R. Anderson [docket no. 14] and the Supplemental
Report and Recommendations of United States Magistrate Judge Linda R. Anderson
[docket no. 16]. Plaintiff has filed no objection. Based upon the evidence in the Report
and Recommendation, this court hereby adopts the Report and Recommendation of the
United States Magistrate Judge as the order of this court. The plaintiff's action is
dismissed without prejudice for failure to prosecute. Although the Magistrate Judge
recommended dismissal “with prejudice,” this court declines to utilize that harsh
sanction in response to Rachel Gilbert’s failure to prosecute, particularly in light of
Rachel Gilbert’s professed mental disability. This court will enter a final judgment in
accordance with the local rules.
SO ORDERED AND ADJUDGED, this the 31st day of July, 2015.

s/ HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE