Warfield v. Social Security Administration

Filing 16

REPORT AND RECOMMENDATION re 15 MOTION for Order to Show Cause filed by Social Security Administration. Pending before the Court is the Defendant's Motion to Show Cause Why This Complaint Should Not Be Dismissed Pursuant To Rule 41(b) of the Federal Rules of Civil Procedure. Docket No. 15. For the reasons stated herein, the undersigned recommends that the Defendant's Motion be GRANTED and that the Plaintiff's complaint should be dismissed. Under Rule 72(b) of the Fe deral Rules of Civil Procedure, any party has fourteen (14) days after service of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Any party opposing said objections shall have fourteen (14) days after service of any objections filed to this Report in which to file any response to said objections. Failure to file specific objections within fourteen (14) days of service of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Signed by Magistrate Judge Jeffery S. Frensley on 6/13/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION

RITA WARFIELD
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.

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Case No. 1:17-cv-102
Chief Judge Crenshaw/ Frensley

REPORT AND RECOMMENDATION
Pending before the Court is the Defendant’s Motion to Show Cause Why This Complaint
Should Not Be Dismissed Pursuant To Rule 41(b) of the Federal Rules of Civil Procedure. Docket
No. 15. For the reasons stated herein, the undersigned recommends that the Defendant’s Motion be
GRANTED and that the Plaintiff’s complaint should be dismissed.
Plaintiff filed this Social Security Complaint pro se on November 20, 2017. Docket No. 1.
Plaintiff’s application to proceed in forma pauperis was Granted and the matter was referred to the
undersigned to enter a scheduling order for management of the case. Docket No. 4. On March 29,
2018, the undersigned entered an Order directing Plaintiff to file a Motion for Judgment based on
the Administrative Record and accompanying memorandum in support of the motion within 28
days of the entry of the Order. Docket No. 14. Plaintiff failed to file her Motion and Memorandum
per the terms of this Court’s Order.
On May 25, 2018, the Defendant filed the instant motion for show cause based upon
Plaintiff’s failure to comply with this Court’s Order dated March 29, 2018. Docket No. 15.
Plaintiff has not responded to Defendant’s Motion.

Based on Plaintiff’s failure to comply with the Order in this case directing her to file her
Motion for Judgment on the Record as well as the failure to respond to the instant motion, the
undersigned recommends that Defendant’s Motion (Docket No. 15) be GRANTED and that the
Plaintiff’s Complaint be dismissed.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14) days
after service of this Report and Recommendation in which to file any written objections to this
Recommendation with the District Court. Any party opposing said objections shall have fourteen
(14) days after service of any objections filed to this Report in which to file any response to said
objections. Failure to file specific objections within fourteen (14) days of service of this Report
and Recommendation can constitute a waiver of further appeal of this Recommendation. See
Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985), reh=g denied, 474 U.S. 1111
(1986); 28 U.S.C. ' 636(b)(1); Fed. R. Civ. P. 72.

JEFFERY S. FRENSLEY
U. S. Magistrate Judge