Graham v. Social Security Administration

Filing 8

REPORT AND RECOMMENDATIONS - IT IS THEREFORE RECOMMENDED THAT: 1. Plaintiff's Motion to Dismiss (Doc. #7) be GRANTED and this case be DISMISSED; and, 2. This case be TERMINATED on the docket of this Court. Objections to R&R due by 1/2/2015. Signed by Chief Magistrate Judge Sharon L Ovington on 12/16/2014. (rms)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOHN K. GRAHAM, SR.,
Plaintiff,

:
:
Case No. 3:14cv00301

vs.

:

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

:

District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington

:
:

REPORT AND RECOMMENDATIONS1

On December 16, 2014, Plaintiff John K. Graham, Sr., filed a motion to dismiss
his Complaint. (Doc. #7, PageID## 38-40). Plaintiff indicated that Defendant did not
object to his motion. (Id.). Accordingly, Plaintiff’s motion is well taken.
IT IS THEREFORE RECOMMENDED THAT:
1.

Plaintiff’s Motion to Dismiss (Doc. #7) be GRANTED and this case be
DISMISSED; and,

2.

This case be TERMINATED on the docket of this Court.

December 16, 2014
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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

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 (14) days after
being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d),
this period is extended to seventeen (17) 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 (14) 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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