Dozier v. Commissioner of Social Security Administration

Filing 37

ORDER RULING ON REPORT AND RECOMMENDATION adopting 34 Report and Recommendation. This action is DISMISSED WITH PREJUDICE under Rule 41(b) for failure to prosecute. Signed by Honorable Mary Geiger Lewis on 4/19/18. (jsmi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
LISA MECHELLE DOZIER,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Administration,
Defendant.

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§ Civil Action No.: 6:17-1098-MGL-KFM
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ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND DISMISSING THE COMPLAINT WITH PREJUDICE
This is a Social Security appeal in which Plaintiff seeks judicial review of the final
decision of Defendant denying her claims for disability insurance benefits (DIB) and
supplemental security income benefits (SSI). Plaintiff is proceeding pro se. The matter is before
the Court for review of the Report and Recommendation (Report) of the United States Magistrate
Judge suggesting this action be dismissed for failure to prosecute under Federal Civil Procedure
Rule 41(b). The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule
73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight. The responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de

novo determination of those portions of the Report to which specific objection is made, and the
Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate
Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on March 30, 2018. ECF No. 34. Plaintiff failed
to file any objections. “[I]n the absence of a timely filed objection, a district court need not
conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the
face of the record in order to accept the recommendation.’” Diamond v. Colonial Life & Acc.
Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s
note). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841,
845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard
set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the
judgment of the Court this action is DISMISSED WITH PREJUDICE under Rule 41(b) for
failure to prosecute.
IT IS SO ORDERED.
Signed this 19th day of April 2018 in Columbia, South Carolina.
s/Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE

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NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this Order within sixty days from the
date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.

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