Thomas v. Commissioner of Social Security Administration

Filing 11

ORDER adopting re 9 REPORT AND RECOMMENDATION re 2 MOTION for Leave to Proceed in forma pauperis filed by Jacquita A Thomas, 1 Complaint Social Security filed by Jacquita A Thomas. Signed by Honorable Timothy D. DeGiusti on 11/26/2018. (mb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JACQUITA A. THOMAS, ) ) Plaintiff, ) ) v. ) ) SOCIAL SECURITYADMINISTRATION ) OFFICE OF DISABILITY ADJUDICATION ) & REVIEW, ) ) Defendant. ) Case No. CIV-18-551-BMJ ORDER Plaintiff, Jacquita A. Thomas, appearing pro se and in forma pauperis, brought this action challenging the Social Security Office of Disability Adjudication & Review’s determination of her request for Social Security disability benefits. The matter was referred to United States Magistrate Judge Bernard M. Jones pursuant to In re: Social Security Cases, GO 16-4 (W.D. Okla.) (eff. Jan. 1, 2017). On October 30, 2018, Judge Jones issued an Amended Report and Recommendation (“R&R” or “Report”) [Doc. No. 9] in which he recommended that the Court dismiss the Complaint [Doc. No. 1] without prejudice for failure to serve Defendant in compliance with the Federal Rules of Civil Procedure. R&R at 1-2, 3. Judge Jones advised Plaintiff that any objections were to be filed on or before November 20, 2018 and cautioned Plaintiff that a failure to object would result in waiver of the factual and legal findings made in the Report. Id. at 3-4. To date, Plaintiff has failed to file an objection or seek an extension of time to do so. Accordingly, the R&R is hereby accepted and ADOPTED as though fully set forth herein and Plaintiff’s Complaint [Doc. No. 1] is dismissed without prejudice. IT IS SO ORDERED this 26th day of November, 2018.

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