Dixon v. Commissioner of Social Security

Filing 9

REPORT AND RECOMMENDATIONS re 2 Complaint filed by Kimberly M Dixon - The Court RECOMMENDS, pursuant to the pending Order to Show Cause, that this case be DISMISSED on account of pro se Plaintiffs failure to prosecute and in light of her failure to comply with General Order No. 11. Objections to R&R due by 10/15/2013. Signed by Magistrate Judge Michael J Newman on 09/25/13. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
KIMBERLY M. DIXON,

:

Plaintiff,

Case No. 3:13-cv-86
District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

v.

:

COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

:
REPORT AND RECOMMENDATION1

When pro se Plaintiff did not file her Statement of Errors within the 60-day period
referenced in Sixth Amended Magistrate Judges’ General Order No. 11 (eff. Sept. 1, 2011), the
Court, acting sua sponte, afforded Plaintiff an additional fourteen days in which to do so. See
doc. 7 (Order to Show Cause). Plaintiff was then notified, in writing, that her failure to file a
Statement of Errors on or before August 29, 2013 would be cause for the Court to dismiss this
Social Security appeal on lack-of-prosecution grounds and also on account of her failure to
comply with General Order No. 11. See id. Receiving no response of any kind from Plaintiff,
the Court, acting sua sponte, then granted Plaintiff an additional seven days -- until September 6,
2013 -- to comply with the terms of the Order to Show Cause. See doc. 8 (Second Order to
Show Cause).
Plaintiff was provided a copy of the Order to Show Cause, Second Order to Show Cause,
and General Order No. 11 via certified mail.

1

Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendation.

The September 6th date set forth in the Second Order to Show Cause having passed, and
no response of any kind having been received from Plaintiff, the Court RECOMMENDS,
pursuant to the pending Order to Show Cause, that this case be DISMISSED on account of pro
se Plaintiff’s failure to prosecute and in light of her failure to comply with General Order No. 11.

September 25, 2013

s/ Michael J. Newman
United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after being
served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is
extended to SEVENTEEN days because this Report is being served by one of the methods of
service listed in Fed. R. Civ. P. 5(b)(2)(B), (C), or (D) and may be extended further by the Court
on timely motion for an extension. Such objections shall specify the portions of the Report
objected to and shall be accompanied by a memorandum of law in support of the objections. If
the Report and Recommendations are based in whole or in part upon matters occurring of record
at an oral hearing, the objecting party shall promptly arrange for the transcription of the record,
or such portions of it as all parties may agree upon or the Magistrate Judge deems sufficient,
unless the assigned District Judge otherwise directs. A party may respond to another party’s
objections within FOURTEEN days after being served with a copy thereof. Failure to make
objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn,
474 U.S. 140 (1985); United States v. Walters, 638 F. 2d 947 (6th Cir. 1981).

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