Thibodeaux v. Social Security Administration, Commissioner of (PLR1)

Filing 4

ORDER that the court ACCEPTS IN WHOLE the Report and Recommendation under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons stated in the Report and Recommendation, which the court adopts and incorpor ates into its ruling, that the plaintiffs application to proceed in forma pauperis [R. 2] is GRANTED. Plaintiff is ORDERED TO SHOW CAUSE why his Complaint should not be dismissed for failure to state a claim upon which relief can be granted. The court will hold the record open for thirty (30 days). If plaintiff fails to respond and amend his Complaint, this matter will be closed. Signed by District Judge Pamela L Reeves on 5/14/15. (c/m to Mr. Thibodeaux) (ABF)

That’s right!UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

RONALD JOHN THIBODEAUX,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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3:14-CV-513-PLR-CCS

MEMORANDUM AND ORDER
This Social Security appeal is before the court on the Report and Recommendation
filed by United States Magistrate Judge C. Clifford Shirley [R. 3]. There have been no
timely objections to the Report and Recommendation, and enough time has passed since
the filing of the Report and Recommendation to treat any objections as having been
waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
After a careful review of the record and the parties’ pleadings, the court is in
complete agreement with the Magistrate Judge that plaintiff has failed to show whether
he presented a claim for benefits to the Social Security Administration, and he has failed
to show whether he has exhausted his administrative remedies. The Magistrate Judge
recommended that plaintiff be ordered to show cause as to why his Complaint should not
be dismissed due to these jurisdictional deficiencies.

Accordingly, the court ACCEPTS IN WHOLE the Report and Recommendation
under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons
stated in the Report and Recommendation, which the court adopts and incorporates into
its ruling, that the plaintiff’s application to proceed in forma pauperis [R. 2] is
GRANTED.
Plaintiff is ORDERED TO SHOW CAUSE why his Complaint should not be
dismissed for failure to state a claim upon which relief can be granted. The court will
hold the record open for thirty (30 days). If plaintiff fails to respond and amend his
Complaint, this matter will be closed.
Enter:

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UNITED STATES DISTRICT JUDGE