Konwinski v. Commissioner of Social Security
Order: the Report and Recommendation is adopted in its entirety as the Order of the Court. Plaintiff's case is dismissed without prejudice. re 13 . Judge Jeffrey J. Helmick on 10/5/2015. (S,AL)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
John Robert Konwinski,
Case No. 3:15-cv-641
Commissioner of Social Security,
Before me is the Report and Recommendation of Magistrate Judge Nancy Vecchiarelli, filed
on August 28, 2015, recommending dismissal of this case based upon the pro se Plaintiff’s failure to
comply with the Court’s Show Cause Order (Doc. No. 12). Under the relevant statute, “[w]ithin
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.” 28 U.S.C. § 636(b)(1);
United States v. Campbell, 261 F.3d 628 (6th Cir. 2001). In this case, the fourteen day period has
elapsed and no objections have been filed.
The failure to file written objections to the Magistrate Judge’s report and recommendation
constitutes a waiver of a 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 also United States v. Walters,
638 F.2d 947 (6th Cir. 1981) ; Smith v. Detroit Fed’n of Teachers, Local 231, 829 F.2d 1370, 1373 (6th
Cir. 1987) (“only those specific objections to the magistrate’s report made to the district court will
be preserved for appellate review”).
The docket reflects the Show Cause Order and the Report and Recommendation were both
mailed to Plaintiff. There has been no response or objection to either filing. Following review of
the Magistrate Judge’s Report and Recommendation, I adopt the Report and Recommendation in its
entirety as the Order of the Court. Plaintiff’s case is dismissed without prejudice.
s/ Jeffrey J. Helmick
United States District Judge
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