Heggstrom v. Commissioner of Social Security

Filing 19

REPORT AND RECOMMENDATION pursuant to ECF No. 18 Order re ECF No. 17 Motion for Extension of Time, it is recommended that the action be DISMISSED WITHOUT PREJUDICE. Objections to R&R due by 10/18/2017. Signed by Magistrate Judge William G. Cobb on 10/04/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DEREK KURT HEGGSTROM,
Plaintiff,

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REPORT & RECOMMENDATION OF
U.S. MAGISTRATE JUDGE

v.

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Case No. 3:16-cv-00720-MMD-WGC

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

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Plaintiff filed an application to proceed in forma pauperis (IFP) and pro se complaint on

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December 9, 2016. (ECF Nos. 1, 1-1.) On January 10, 2017, the undersigned issued an order
granting the IFP application, and allowing Plaintiff’s complaint, which named the Social
Security Commissioner and requested review of the Commissioner’s denial of disability
benefits, to proceed. (ECF No. 4.) After being granted an extension of time, the Commissioner
filed an answer on April 12, 2017 (ECF No. 11), and filed the administrative record with the
court (see ECF No. 12, 14). That same day, the court issued its order concerning review of
Social Security cases, giving the Plaintiff thirty days to file a motion for reversal and/or remand.
Nothing was filed by the deadline, and on June 5, 2017, the court gave Plaintiff thirty additional
days to comply with the order, warning that a failure to do so may result in dismissal. (ECF No.
16.) On July 11, 2017, Plaintiff filed a document, which was construed as a request for an
extension of time. (ECF No. 17.) On August 29, 2017, the court entered an order giving Plaintiff
up to and including September 29, 2017 to comply with the order and file a motion for reversal
and/or remand. (ECF No. 18.)
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As of today’s date, Plaintiff has not filed a motion for reversal and/or remand or
otherwise indicated an intent to pursue this action. Therefore, it is recommended that the action
be DISMISSED WITHOUT PREJUDICE.
The parties should be aware of the following:
1. That they may file, pursuant to 28 U.S.C. § 636(b)(1)(C), specific written objections to
this Report and Recommendation within fourteen days of receipt. These objections should be
titled "Objections to Magistrate Judge's Report and Recommendation" and should be
accompanied by points and authorities for consideration by the district judge.
2. That this Report and Recommendation is not an appealable order and that any notice of
appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed
until entry of judgment by the district court.
DATED: October 4, 2017.

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__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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