Scott v. Barnhart

Filing 33

ORDER RULING ON REPORT AND RECOMMENDATION: It is hereby ORDERED that the Magistrate Judge's Report and Recommendation is ACCEPTED. (Doc. # 29). The action is therefore DISMISSED pursuant to Federal Rule of Civil Procedure 41(b). Signed by Honorable Terry L Wooten on 3/22/2012. (gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
MICHAEL L. SCOTT,

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Plaintiff,
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vs.
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MICHAEL J. ASTRUE, COMMISSIONER )
OF SOCIAL SECURITY,
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Defendant.
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___________________________________ )

Civil Action No. 5:05-3007-TLW-KDW

ORDER
On October 21, 2005, Plaintiff brought this action pursuant to 205(g) of the Social
Security Act, as amended, 42 U.S.C. § 405(g), to obtain judicial review of a final decision of the
Defendant, Commissioner of Social Security, denying his claim for disability benefits. (Doc. #
1). The matter is before this Court for review of the Report and Recommendation (“the Report”)
filed by United States Magistrate Judge Kaymani D. West, to whom this case had previously
been assigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(a),
(D.S.C.). In the Report, the Magistrate Judge recommends that the action be dismissed with
prejudice pursuant to Federal Rule of Civil Procedure 41(b). (Doc. # 29). Objections were due
on March 15, 2012. Plaintiff has filed no objections.
The Court is charged with conducting a de novo review of any portion of the Magistrate
Judge=s Report and Recommendation to which a specific objection is registered, and may accept,
reject, or modify, in whole or in part, the recommendations contained in that Report. 28 U.S.C. '
636. In the absence of objections to the Report of the Magistrate Judge, this Court is not
required to give any explanation for adopting the recommendation. See Camby v. Davis, 718
F.2d 198, 199 (4th Cir. 1983).

The Court has carefully reviewed the Magistrate Judge’s Report and Recommendation.
For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate
Judge’s Report and Recommendation is ACCEPTED. (Doc. # 29). The action is therefore
DISMISSED pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
s/Terry L. Wooten
United States District Judge

March 22, 2012
Florence, South Carolina