Allison v. Commissioner of Social Security Administration

Filing 14

ORDER affirming 11 Report and Recommendations. Signed by Chief Judge David C Norton on 9/23/2010.(eric, )

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Allison v. Commissioner of Social Security Administration Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION TIMOTHY G. ALLISON, SR., Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. _______________________________________ ) ) ) ) ) ) ) ) ) ) ) C/A No. 9:10-1749 DCN ORDER The above referenced case is before this court upon the magistrate judge's recommendation that the action be dismissed without prejudice for failure to prosecute the case. This court is charged with conducting a de novo review of any portion of the magistrate judge's report 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(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984), cert. denied, 467 U.S. 1208 (1984 ).1 No objections have been filed to the magistrate judge's In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant m u st receive fair notification of the consequences of failure to object to a magistrate judge's rep o rt before such a procedural default will result in waiver of the right to appeal. The notice m u st be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him o f what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had to be filed within ten (10) days, and he received notice of the consequences at the appellate 1 Dockets.Justia.com report and recommendation. A de novo review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report and recommendation is AFFIRMED, and the action is DISMISSED without prejudice for failure to prosecute the case. AND IT IS SO ORDERED. Charleston, South Carolina September 23, 2010 David C. Norton Chief United States District Judge NOTICE OF RIGHT TO APPEAL The parties are hereby notified that any right to appeal this Order is governed by Rules 3 and 4 of the Federal Rules of Appellate Procedure. lev el of his failure to object to the magistrate judge's report.

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