Rivera v. Social Security Administration

Filing 16

Order of Dismissal: The R&R (Doc. No. 15 ) notes that plaintiff failed to file her brief in this matter despite being given a sua sponte extension of time to do so and despite being issued a warning that her case could be dismissed for failur e to prosecute. It appears that plaintiff has abandoned her case. The Court has reviewed the Magistrate Judge's report and recommendation and accepts the same. Accordingly, this case is dismissed without prejudice for failure to comply with court orders and for failure to prosecute. Judge Sara Lioi on 5/2/2017. (P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
MYRNA I. RIVERA,
PLAINTIFF,
vs.
COMMISSIONER OF SOCIAL
SECURITY,

CASE NO. 4:16-cv-2316
)
)
)
)
)
)
)
)
)

JUDGE SARA LIOI
ORDER OF DISMISSAL

DEFENDANT.

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. (Doc. No. 15.) 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).
The R&R was filed on April 11, 2017. Under Fed.R.Civ.P. 6(d), an additional three days
are added when computing service, making objections due April 28, 2017, which fell on a Friday.
No objections were filed on or before that deadline. 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), reh’g denied, 474 U.S. 1111 (1986); see United States v. Walters, 638
F.2d 947 (6th Cir. 1981).

The R&R notes that plaintiff failed to file her brief in this matter despite being given a sua
sponte extension of time to do so and despite being issued a warning that her case could be
dismissed for failure to prosecute. It appears that plaintiff has abandoned her case.
The Court has reviewed the Magistrate Judge’s report and recommendation and accepts
the same. Accordingly, this case is dismissed without prejudice for failure to comply with court
orders and for failure to prosecute.

IT IS SO ORDERED.

Dated: May 2, 2017
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE