Perry v. Commissioner of Social Security

Filing 22

Order Adopting Report and Recommendation (re 21 ) dismissing the case for want of prosecution and final judgment is entered in favor of Defendant. Signed by Judge Solomon Oliver, Jr on 1/17/2017. (D,M)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

GEORGE PERRY, JR.,
Plaintiff
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant

)
)
)
)
)
)
)
)
)
)

Case No.: 1:16 CV 812
JUDGE SOLOMON OLIVER, JR.

ORDER

On April 6, 2016, Plaintiff George Perry, Jr. (“Plaintiff” or “Perry”), represented by counsel,
filed the above-captioned case, seeking judicial review of Defendant Commissioner of Social
Security’s (“Defendant” or “Commissioner”) final determination denying Plaintiff’s application for
social security disability and supplemental security income disability benefits for lack of disability.
(Compl., ECF No.1, at 1.) This court referred the case to Magistrate Judge James R. Knepp, II, for
preparation of a Report and Recommendation. (ECF No. 2.) The Magistrate Judge submitted his
Report and Recommendation on December 29, 2016, recommending that the court dismiss the case
for want of prosecution. (ECF No. 21.)
As of the date of this Order, Plaintiff has not filed objections to the Report and
Recommendation, which were due on January 12, 2017. By failing to do so, he has waived the right
to appeal the Magistrate Judge’s recommendation. Thomas v. Arn, 474 U.S. 140 (1985); United
States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The court finds, after careful review of the Magistrate Judge’s Report and Recommendation

and all other relevant documents, that the Magistrate Judge’s conclusions are fully supported by the
record and controlling case law. Accordingly, the court adopts as its own the Magistrate Judge’s
Report and Recommendation (ECF No. 21).
Consequently, the case is dismissed for want of prosecution and final judgment is entered
in favor of Defendant.
IT IS SO ORDERED.
/s/ SOLOMON OLIVER, JR.
CHIEF JUDGE
UNITED STATES DISTRICT COURT

January 17, 2017

-2-