McCoy v. Commissioner of Social Security

Filing 16

Memorandum Opinion and Order: the Court adopts the Report and Recommendation (Doc. No. 12) in its entirety as the Order of the Court. The Plaintiff's objections are overruled. This case is dismissed without prejudice for failure to prosecute. I further certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. re 12 . Judge Jeffrey J. Helmick on 6/30/2016. (S,AL)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Lynn McCoy,
on behalf of M.B.

Case No. 3:15 cv 1284
Plaintiff,

v.

MEMORANDUM OPINION
AND ORDER

Commissioner of Social Security,
Defendant.
Pending before me is the Report and Recommendation of the Magistrate Judge filed on
January 5, 2016, in the above-entitled action. (Doc. No. 12). As noted by the Magistrate Judge, this
case was filed in June 2015. The Magistrate Judge granted the pro se Plaintiff additional time to file
her brief in support and noted within its order that failure to comply with the order might result in
dismissal of the case. (Doc. No. 11). The Magistrate Judge’s Report and Recommendation
recommends a dismissal without prejudice.
Under the relevant statute:
Within fourteen (14) days after being served a copy of these proposed Findings and
Recommendation, any party who wishes to object must file and serve
written objections or further appeal is waived.
United States v. Campbell, 261 F.3d 628 (6th Cir. 2001) (citation omitted); see also 28 U.S.C. § 636(b) (1).
Plaintiff filed an objection on January 21, 2016 (Doc. No. 13), to the Report and
Recommendation seeking additional time to acquire counsel. In the five months since that
objection was filed, the docket does not reflect further communication from the pro se Plaintiff to

report progress on her efforts. There is simply nothing on the record to indicate, at least from the
Plaintiff’s perspective, that the litigation can be moved forward in a timely manner.
Additionally, the recommendation of the Magistrate Judge is to dismiss this case without
prejudice. This means the dismissal is “without the loss of any rights.” BLACK’S LAW DICTIONARY
1740 (9th ed. 2009).
Following review of the Magistrate Judge’s Report and Recommendation, the Court adopts
the Report and Recommendation (Doc. No. 12) in its entirety as the Order of the Court. The
Plaintiff’s objections are overruled. This case is dismissed without prejudice for failure to prosecute.
I further certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could
not be taken in good faith.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge

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