Henderson v. Commissioner of Social Security

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION for 5 Report and Recommendation. Action is dismissed without prejduice due to plaintiff's noncompliance with the court's 12/19/13 Order to Plaintiff to Cure Deficiency. Signed by Honorable Tim Leonard on 02/19/14. (jy)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

JOHN R. HENDERSON,
Plaintiff,
v.

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

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Case No. CIV-13-1331-L

ORDER
On January 27, 2014, Magistrate Judge Gary M. Purcell entered his Report
and Recommendation in this action brought by plaintiff for judicial review
pursuant to 42 U.S.C. § 405(g) of the final decision of the defendant
Commissioner denying his applications for disability benefits. The Magistrate
Judge recommended that judgment be entered dismissing this action without
prejudice, due to plaintiff's noncompliance with its December 19, 2013 order
[Doc. No. 3] which advised plaintiff that failure to cure the deficiency in his
Application to Proceed Without Prepayment of Fees would result in a
recommendation of dismissal of his action without prejudice and without further
notice.

The court file reflects that no party has filed a written objection to the
Report and Recommendation within the time limit allowed. Upon de novo review,
the court finds that the the Report and Recommendation should be and is hereby
adopted in its entirety.
Accordingly, this action is DISMISSED without prejudice due to
plaintiff's noncompliance with the court's December 19, 2013 Order to
Plaintiff to Cure Deficiency.
It is so ordered this 19th day of February, 2014.

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