ODell v. Commissioner of Social Security

Filing 7

REPORT AND RECOMMENDATIONS re 1 Complaint filed by Sandra Kay ODell. It is recommended that this action be dismissed. Objections to R&R due by 3/24/2014. Signed by Magistrate Judge Norah McCann King on 3/7/2014. (pes1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

SANDRA KAY ODELL,
Plaintiff,
vs.

Civil Action 2:13-cv-997
Judge Frost
Magistrate Judge King

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
REPORT AND RECOMMENDATION
This case was filed on October 7, 2013.

Although plaintiff’s

counsel was expressly advised that the Attorney General of the United
States and the United States Attorney for the Southern District of
Ohio must be served with process, in addition to the Commissioner of
Social Security, see Clerk’s Notice, ECF 5, see also Fed. R. Civ. P.
4(i), it does not appear that service of process has been completed.
On February 11, 2014, plaintiff was ordered to show cause by February
25, 2014 why the case should not be dismissed for failure to effect
service of process.

Order, ECF 6 (citing Fed. R. Civ. P. 4(m)).

Plaintiff has made no response to that Order.
It is therefore RECOMMENDED that the action be dismissed, without
prejudice, for failure to timely effect service of process.
If any party seeks review by the District Judge of this Report
and Recommendation, that party may, within fourteen (14) days, file
and serve on all parties objections to the Report and Recommendation,
specifically designating this Report and Recommendation, and the part

thereof in question, as well as the basis for objection thereto.
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

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Response to objections

must be filed within fourteen (14) days after being served with a copy
thereof.

Fed. R. Civ. P. 72(b).

The parties are specifically advised that failure to object to
the Report and Recommendation will result in a waiver of the right to
de novo review by the District Judge and of the right to appeal the
decision of the District Court adopting the Report and Recommendation.
See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed’n of
Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).

March 7, 2014

s/Norah McCann King_______
Norah McCann King
United States Magistrate Judge

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