Marcelino v. Social Security Administration, Commissioner of

Filing 14

ORDER adopting Report and Recommendations re 13 Report and Recommendations.the Court will ACCEPT and ADOPT Magistrate Judge Guytons Reportand Recommendations (Doc. 13) and will DISMISS this case WITHOUT PREJUDICE forfailure to prosecute. Signed by District Judge Travis R McDonough on 5/5/2017. (BDG, ) Mailed to Marcelino.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RICARDO A. MARCELINO,
Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of
the Social Security Administration,
Defendant.

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Case No. 3:16-cv-465
Judge Travis R. McDonough
Magistrate Judge H. Bruce Guyton

ORDER

On April 17, 2017, United States Magistrate Judge H. Bruce Guyton filed his Report and
Recommendation (Doc. 13) pursuant to 28 U.S.C. § 636(b)(1). Magistrate Judge Guyton
recommended that Plaintiff’s complaint be dismissed without prejudice for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41(b), based on Plaintiff’s failure to meet deadlines
imposed by the Court and failure to respond to the Court’s order to show cause. (Doc. 13.)
Neither party has filed any objections to Magistrate Judge Guyton’s Report and
Recommendation.1 Nevertheless, the Court has conducted a reviewed the Report and
Recommendation, as well as the record, and it agrees with Magistrate Judge Guyton’s well
reasoned conclusions.
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Magistrate Judge Guyton specifically advised Plaintiff that he had fourteen days in which to
object to the Report and Recommendation and that failure to do so would waive his right to
appeal. (Doc. 13, at 4 n.2); 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”). Even taking into account the three additional
days for service provided by Federal Rule of Civil Procedure 6(d), the period in which Plaintiff
could timely file any objections has now expired.

Accordingly, the Court will ACCEPT and ADOPT Magistrate Judge Guyton’s Report
and Recommendations (Doc. 13) and will DISMISS this case WITHOUT PREJUDICE for
failure to prosecute.
SO ORDERED.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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