Applegate v. Commissioner of Social Security

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations: plaintiffs complaint is DISMISSED with prejudice for lack of prosecution. The Court certifies pursuant to 28 U.S.C. §1915(a) that an appeal of this Order will no t be taken in good faith, therefore, DENYING 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.. Signed by Judge Susan J. Dlott on 2/19/2015. (jlw1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Regina Applegate,

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Plaintiff(s),
vs.
Commissioner of Social Security,
Defendant(s).

Case Number: 1:14cv498
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Karen L. Litkovitz filed on January 26, 2015 (Doc. 14), to whom this case was referred pursuant to
28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing
such objections under Fed. R. Civ. P. 72(b) expired February 12, 2015, hereby ADOPTS said Report
and Recommendation.
Accordingly, plaintiff’s complaint is DISMISSED with prejudice for lack of prosecution.
The Court certifies pursuant to 28 U.S.C. §1915(a) that an appeal of this Order will not be
taken in good faith, therefore, DENYING 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
Calliham v. Schneider, 178 F.3d800, 803 (6th Cir. 1990), overruling in part Floyd v. United States
Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court