Readnower v. Commissioner of Social Security

Filing 12

ORDER adopting Report and Recommendations re 10 Report and Recommendation; 3 Complaint is dismissed. Signed by Judge Michael R. Barrett on 1/31/13. (Attachments: # 1 Certified Mail Receipt) (ba1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Robert Readnower,
Plaintiff,
v.

Case No. 1:12cv357

Michael J. Astrue,
Commissioner of Social Security,

Judge Michael R. Barrett

Defendant.

ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed by
the Magistrate Judge on January 3, 2013 (Doc. 10). The R&R recommends dismissing
Plaintiff’s Complaint for lack of prosecution. Plaintiff has failed to file a timely Statement of
Errors and has not responded to an Order to show cause.
Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including
notice that the parties would waive further appeal if they failed to file objections to the R&R in a
timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court notes,
however, that though such notice was served upon Plaintiff, it was returned to the Court due to
Plaintiff’s failure to apprise the Court of his change of address. By failing to keep the Court
apprised of his current address, the Plaintiff further demonstrates a lack of prosecution of his
action. See, e.g., Theede v. United States Department of Labor, 172 F.3d 1262, 1265 (10th Cir.
1999) (failure to object to R&R due to delay resulting from party=s failure to bring to the court=s
attention a change in address constitutes failure to object in a timely manner; because the R&R
was mailed to the last known address, it was properly served, and party waived right to appellate
review); Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991)(pro se litigant has affirmative duty to
diligently pursue the prosecution of his cause of action); Barber v. Runyon, No. 93-6318, 1994

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WL 163765, at *1 (6th Cir. May 2, 1994) (pro se litigant has a duty to supply the court with notice
of any and all changes in his address). As such, no objections to the Magistrate Judge=s Report
and Recommendation (Doc. 10) have been filed.

Accordingly, it is ORDERED that the Report and Recommendation (Doc. 10) of the
Magistrate Judge is hereby ADOPTED. Plaintiff’s Complaint (Doc. 3) is DISMISSED for
lack of prosecution and this matter is terminated from the Docket of this Court.
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett
United States District Judge

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