Bellows v. Commissioner of Social Security

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION 20 ; denying 15 plaintiff's Motion to File Show Cause Out of Time; striking 17 plaintiff's Response to Order to Show Cause as filed out of time and without leave of court; and dismissing this action without prejudice, pursuant to Federal Rule of Civil Procedure 41 (b), for failure to prosecute. Signed by Honorable Vicki Miles-LaGrange on 12/7/2017. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
AMBER D. BELLOWS,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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Case No. CIV-16-1380-M

ORDER
On November 1, 2017, United States Magistrate Judge Suzanne Mitchell issued a Report
and Recommendation in this action in which plaintiff seeks judicial review of a final decision by
the Commissioner of Social Security. The Magistrate Judge recommended that this Court: (1)
deny plaintiff’s Motion to File Show Cause Out of Time, (2) strike plaintiff’s Response to Order
to Show Cause as filed out of time and without leave of court, and (3) pursuant to Federal Rule of
Civil Procedure 41(b), dismiss plaintiff’s action against defendant for failure to prosecute. The
parties were advised of their right to object to the Report and Recommendation by November 21,
2017. On November 21, 2017, plaintiff filed her objection.
Having carefully reviewed this matter de novo, the Court finds that in her Motion to File
Show Cause Out of Time, plaintiff failed to show the required good cause to allow her to file her
response to order to show cause out of time. The Court further finds, for the reasons set forth in
the Report and Recommendation, that this action should be dismissed without prejudice for failure
to prosecute.
Accordingly, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 20] issued by the Magistrate
Judge on November 1, 2017;

(2)

DENIES plaintiff’s Motion to File Show Cause Out of Time [docket no. 15];

(3)

STRIKES plaintiff’s Response to Order to Show Cause [docket no. 17] as filed out
of time and without leave of court; and

(4)

DISMISSES this action without prejudice, pursuant to Federal Rule of Civil
Procedure 41(b), for failure to prosecute.

IT IS SO ORDERED this 7th day of December, 2017.