Carroll v. Social Security Administration et al

Filing 24

ORDER: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation (Docket Entry No. 22) is hereby ACCEPTED and APPROVED; and (2) This case is hereby DISMISSED WITH PREJUDICE. The Clerk is directed to enter Judgment in a s eparate document in accordance with Federal Rule of Civil Procedure 58. Signed by Chief Judge Kevin H. Sharp on 11/8/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
SCOTT JEFFREY CARROLL,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 2:16-cv-0009
Judge Sharp
Magistrate Judge Newbern

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge, recommending that this case be dismissed due to Plaintiff’s “failure to prosecute or to
comply with the Court’s orders.” (Docket Entry No. 22).1
No response in opposition was filed to the R & R. Having thoroughly reviewed the
record in this case and the applicable law in accordance with Rule 72(b), the Court will accept
the R & R of the Magistrate Judge.
Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 22) is hereby ACCEPTED and
APPROVED; and
(2) This case is hereby DISMISSED WITH PREJUDICE.

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Per the Court’s scheduling order, Plaintiff had until May 18, 2016, to file his motion for judgment on the
administrative record. (Docket Entry No. 15). He did not. On August 4, 2016, Defendant filed a Motion
to Show Cause Why This Complaint Should Not Be Dismissed Pursuant to Rule 41(b), Federal Rules of
Civil Procedure. (Docket Entry No. 18). The Magistrate Judge granted the motion, and Plaintiff was
directed to show cause within fourteen days why his case should not be dismissed. (Docket Entry No.
19). Service of the Court’s Order was achieved by certified mail on September 2, 2016). (Docket Entry
No. 21). As of this date, Plaintiff has not filed a motion or otherwise shown why his case should not be
dismissed.
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The Clerk is directed to enter Judgment in a separate document in accordance with
Federal Rule of Civil Procedure 58.
It is SO ORDERED.

_________________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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