Fry v. Commissioner of Social Security

Filing 10

REPORT AND RECOMMENDATION: It is RECOMMENDED that this action be DISMISSED without prejudice for failing to timely serve Defendant pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Objections to R&R due by 7/27/2020. Signed by Magistrate Judge Kimberly A. Jolson on 7/13/2020. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 2:20-cv-00265-SDM-KAJ Doc #: 10 Filed: 07/13/20 Page: 1 of 2 PAGEID #: 62

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
WILLIAM E FRY,
Plaintiff,
v.

Civil Action 2:20-cv-265
Judge Sarah D. Morrison
Magistrate Judge Jolson

COMMISSIONER OF SOCIAL SECURITY,
Defendants.
REPORT AND RECOMMENDATION
On March 5, 2020, the Court granted Plaintiff’s Motion for Leave to Proceed in forma
pauperis and ordered Plaintiff to file a Social Security Identification Form to effect service on
Defendant within 90 days of the filing of his Complaint pursuant to Federal Rule of Civil Procedure
4(m). (Doc. 7). After that deadline, the Undersigned ordered Plaintiff to show good cause within
fourteen (14) days why this action should not be dismissed and why an extension of time to effect
service should be allowed. (Doc. 9).
Plaintiff has failed to show cause or otherwise appear since the Court granted his Motion
for Leave to Proceed in forma pauperis. Accordingly, it is RECOMMENDED that this action be
DISMISSED without prejudice for failing to timely serve Defendant pursuant to Rule 4(m) of
the Federal Rules of Civil Procedure.
Procedure on Objections to Report and Recommendation
If any party objects to this Report and Recommendation, that party may, within fourteen
(14) days of the date of this Report, file and serve on all parties written objections to those specific
proposed findings or recommendations to which objection is made, together with supporting
authority for the objection(s). A Judge of this Court shall make a de novo determination of those

Case: 2:20-cv-00265-SDM-KAJ Doc #: 10 Filed: 07/13/20 Page: 2 of 2 PAGEID #: 63

portions of the Report or specified proposed findings or recommendations to which objection is
made. Upon proper objections, a Judge of this Court may accept, reject, or modify, in whole or in
part, the findings or recommendations made herein, may receive further evidence or may recommit
this matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).
The parties are specifically advised that failure to object to the Report and
Recommendation will result in a waiver of the right to have the District Judge review the Report
and Recommendation de novo, and also operates as a waiver 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); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
IT IS SO ORDERED.

Date: July 13, 2020

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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