Frazier v. Commissioner of Social Security
Filing
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Memorandum Opinion: The Court adopts the Report and Recommendation of the Magistrate Judge. (Related Doc # 12 ). Accordingly, this action is dismissed with prejudice for failure to prosecute. Judge Sara Lioi on 6/22/2011. (P,J)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JENNIFER FRAIZER,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
DEFENDANT.
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CASE NO. 1:11CV118
JUDGE SARA LIOI
MEMORANDUM OPINION
Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. Under the relevant statute:
[. . .] Within fourteen days after being served with a copy, any party
may serve and file written objections to such proposed findings and
recommendations as provided by rules of court. A judge of the court
shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection
is made.
28 U.S.C. ' 636(b)(1)(C). In this case, the fourteen-day period has elapsed and no objections have
been filed. The failure to file written objections to a Magistrate Judge=s report and recommendation
constitutes a waiver of a de novo determination by the district court of an issue covered in the
report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); see United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge=s report and recommendation and
adopts the same. Accordingly, this action is dismissed with prejudice for failure to prosecute.
IT IS SO ORDERED.
Dated: June 22, 2011
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE
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