McConnell v. Commissioner of Social Security

Filing 15

Memorandum, Opinion, and Order that the report and recommendation of the Magistrate Judge is hereby adopted. Plaintiffs Complaint is hereby DISMISSED WITHOUT PREJUDICE. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge John R. Adams on 5/22/14. (K,C)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CONNIE SUE MCCONNELL,
Plaintiff,
-vsCOMMISSIONER OF SOCIAL,
SECURITY
Defendant.

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CASE NO. 5:13-cv-01569
JUDGE JOHN R. ADAMS

MEMORANDUM OF OPINION
AND ORDER

Pro se Plaintiff Connie Sue McConnell (“Plaintiff”) filed a Complaint against the
Commissioner of Social Security (“Defendant” or “Commissioner”) on July 19, 2013. This
Court referred the case to Magistrate Judge Kathleen B. Burke for preparation of a report and
recommendation pursuant to 28 U.S.C. § 636 and Local Rules 72.2(b)(1). Plaintiff failed to file
her brief in this matter despite the Court’s Order giving her additional time to do so, requiring
her to file within the extended time, and warning her that her case might be dismissed for failure
to prosecute. The Magistrate Judge submitted a report and recommendation (Doc. 14)
recommending that the Court DISMISS the matter without prejudice.
Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a report and
recommendation within fourteen (14) days after service. No objections have been filed within
the 14-day period. Any further review by this Court would be a duplicative and inefficient use of
the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984); Howard v. Sec’y of

Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947,
949-50 (6th Cir. 1981).
Accordingly, the report and recommendation of the Magistrate Judge is hereby adopted.
Plaintiff’s Complaint is hereby DISMISSED WITHOUT PREJUDICE.

The Court certifies,

pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good
faith.
IT IS SO ORDERED.

Dated: May 22, 2014

/s/ John R. Adams_______________
UNITED STATES DISTRICT JUDGE