Pettus v. Commissioner of Social Security

Filing 15

ORDER adopting Report and Recommendation re 13 ; Case is dismissed; Plaintiff is denied leave to appeal IFP. Signed by Judge Herman J. Weber on 9/10/13. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

MARIANTO PETTUS,
Plaintiff
v.

C-1-12-561

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. 13) 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.
accepts

the

Report

as

uncontroverted.

The

This Court
Report

Recommendation is ADOPTED AND INCORPORATED herein.

and

2

Accordingly,

for

the

reasons

stated

in

the

Report

and

Recommendation (doc. no. 13) action is DISMISSED for lack of
prosecution.
The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a) that for the
foregoing reasons, an appeal of any Order adopting this Report and
Recommendation would not be taken in good faith and therefore
DENIES plaintiff leave to appeal in forma pauperis. Plaintiff 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.
1997).
This matter is TERMINATED on the docket of this Court.
IT IS SO ORDERED.

s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court