Alwert v. Commissioner of Social Security
ORDER ADOPTING 23 Report and Recommendation, DENYING 22 Motion for Extension of Time filed by Garrett Alwert, DISMISSING action under Rule 41(b), Fed. R. Civ. P., for failure to prosecute. Signed by Honorable Stephen P. Friot on 8/11/2017. (llg)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
-vsCOMMISSIONER OF SOCIAL
Case No. CIV-16-1256-F
United States Magistrate Judge Suzanne Mitchell has issued a Report and
Recommendation, recommending the denial of plaintiff’s fifth request to extend the
time to file his opening brief and the dismissal of plaintiff’s action under Rule 41(b),
Fed. R. Civ. P., for failure to prosecute.
Plaintiff has timely objected to the Report and Recommendation.
accordance with 28 U.S.C. § 636(b)(1), the court has conducted a de novo review of
the matter. Having done so, the court concurs with Magistrate Judge Mitchell’s
analysis and recommended ruling. The court agrees that plaintiff has failed to show
the requisite good cause to support his fifth request to file his opening brief out of
time. In addition, the court agrees that because of plaintiff’s failure to submit an
opening brief in support of his claims of error on judicial review, dismissal of
plaintiff’s action, under Rule 41(b), for failure to prosecute is appropriate. The court
finds plaintiff’s objection to be without merit.
Accordingly, the Report and Recommendation of United States Magistrate
Judge Suzanne Mitchell (doc. no. 23), issued on July 14, 2017, is ACCEPTED,
ADOPTED and AFFIRMED. Plaintiff’s Unopposed Motion to File Opening Brief
Out of Time (doc. no. 22) is DENIED. The above-entitled action is DISMISSED
under Rule 41(b), Fed. R. Civ. P., for failure to prosecute.
IT IS SO ORDERED this 11th day of August, 2017.
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