Heal v. Commissioner of Social Security

Filing 18

ORDER adopting Report and Recommendation 16 . Case is Dismissed with Prejudice for lack of prosecution. Signed by Judge Herman J. Weber on 10/17/11. (Attachments: # 1 cert. recpt) (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
SHARON KAY HEAL,
Plaintiff
v.

C-1-10-658

COMMISSIONER OF SOCIAL SECURITY,
Defendant
ORDER
This matter is before the Court upon the Report and Recommendation
of the United States Magistrate Judge (doc. no. 16) to which neither party has
objected.
Upon a de novo review of the record, the Court finds that the
Magistrate Judge has accurately set forth the applicable law and has properly
applied it to the particular facts of this case. This Court accepts the Report
as uncontroverted. The Report and Recommendation is ADOPTED AND
INCORPORATED herein. Plaintiff’s Complaint (doc. no. 3) is DISMISSED WITH
PREJUDICE for lack of prosecution.

2

The Court certifies pursuant to 28 U.S.C. § 1915(a) that for the
foregoing reasons, an appeal of this Order would not be taken in good faith
and therefore denies plaintiff leave to appeal in forma pauperis. Plaintiff, a
non-prisoner, remains free to apply to proceed in forma pauperis in the
Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir.
1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274,
277 (6th Cir. 1998).
This case is DISMISSED AND TERMINATED on the docket of this Court.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court