Williamson v. Commissioner of Social Security

Filing 9

REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: Plaintiffs Complaint be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Objections to R&R due by 11/15/2013. Signed by Chief Magistrate Judge Sharon L Ovington on 10/29/2013. (rms)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MICHAEL T. WILLIAMSON,
Plaintiff,

:
:
Case No. 3:13cv00134

vs.

:

CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.

:

District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

:
:

REPORT AND RECOMMENDATIONS1

The Commissioner served and filed an Answer and a copy of the Administrative
Record on July 29, 2013. (Docs. #5, 6). The Sixth Amended Magistrate Judges’ General
Order No. 11 Concerning Social Security Appeals required Plaintiff to file a Statement of
Errors within 60 days thereafter. Plaintiff did not timely file his Statement of Errors, and
the Court thereafter issued an Order to Show Cause on October 3, 2013 (Doc. #7)
informing him that he was required to file a Statement or Errors or request an extension of
time to do so on or before October 25, 2013. On October 24, 2013, Plaintiff timely
responded to the Order to Show Cause by filing a motion seeking voluntary dismissal of
his case. (Doc. #8). In his motion, Plaintiff indicates he is “[g]oing to reapply for SSI.”
(Doc. #8, PageID# 328).

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

As Defendant filed an Answer on July 29, 2013, Plaintiff may only dismiss this
case with a court order or by filing a stipulation of dismissal signed by all parties. Fed. R.
Civ. P. 41(a)(1)(A)(i),(ii). In light of his decision to reapply for SSI, Plaintiff’s Motion to
Dismiss (Doc. #8) is well taken.
IT IS THEREFORE RECOMMENDED THAT:
Plaintiff’s Complaint be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(2).

October 29, 2013
s/Sharon L. Ovington
Sharon L. Ovington
Chief 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)(C), (D), (E), or (F). 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, United States v. Walters, 638 F. 2d 947 (6th Cir. 1981); Thomas v. Arn, 474
U.S. 140 (1985).

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