McCurty v. Social Security Administration, Commissioner of

Filing 10

ORDER adopting 8 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on October 8, 2014. (CNC, ) Mailed to George Bell McCurty(CNC, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
GEORGE BELL MCCURTY,

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Plaintiff,
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v.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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Case No. 1:14-cv-13
Judge Mattice
Magistrate Judge Lee

ORDER
On September 17, 2014, United States Magistrate Judge Susan K. Lee filed a
Report and Recommendation (Doc. 8) pursuant to 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 72(b).

Magistrate Judge Lee recommended that Plaintiff’s

action be dismissed for failure to comply with court orders and failure to properly serve
the Defendant.1
Plaintiff has filed no objections to the Magistrate Judge’s Report and
Recommendation.2 Nevertheless, the Court has reviewed the record in this matter, and
it agrees with the Magistrate Judge’s well-reasoned conclusions.

1

  The Court’s electronic docket reflects that Magistrate Judge Lee’s Report and Recommendation was
returned as undeliverable on September 24, 2014. (Doc. 9). However, this is the address that Plaintiff
provided to receive communications from the Court and, if he has been released from custody, he has
failed to provide an updated address to receive communications from the Court.

2 Magistrate Judge Lee specifically advised Plaintiff that he had 14 days in which to object to the Report
and Recommendation and that failure to do so would waive his right to appeal. (Doc. 8); see Fed. R. Civ.
P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t does not appear that
Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de
novo or any other standard, when neither party objects to those findings”).

Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Lee’s findings
of fact and conclusions of law. Plaintiff’s case is hereby DISMISSED WITHOUT
PREJUDICE.

SO ORDERED this 8th day of October, 2014.
/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

2