Mosby v. Social Security Administration

Filing 15

REPORT AND RECOMMENDATION: Plaintiff has not responded to this order to show cause, nor has she filed her motion for judgment and supporting brief. For this reason, the undersigned Magistrate Judge finds that the complaint should be dismissed for Plaintiff's failure to comply with orders of the court. Signed by Magistrate Judge John S. Bryant on 1/6/2016. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
PAMELA MOSBY,

)
)
Plaintiff
)
)
v.
)
)
CAROLYN W. COLVIN, Acting
)
Commissioner of Social Security, )
)
Defendant
)
TO:

No. 3:14-1547
Chief Judge Sharp/Bryant

THE HONORABLE KEVIN H. SHARP
CHIEF JUDGE
REPORT AND RECOMMENDATION
Plaintiff Pamela Mosby has filed her complaint appealing

the denial of her application for Social Security benefits (Docket
Entry No. 1).
Following the filing of the administrative record, the
undersigned Magistrate Judge issued an order on October 14, 2014,
requiring

Plaintiff

to

file

her

motion

for

judgment

on

the

administrative record and a supporting brief within 30 days (Docket
Entry No. 12). After Plaintiff failed to file her motion for
judgment and brief within the time required, the Defendant on March
3, 2015, filed her motion for an order requiring Plaintiff to show
cause why the complaint should not be dismissed for Plaintiff’s
failure to comply with the court’s order (Docket Entry No. 13).
This motion was granted.

On

March

4,

2015,

the

undersigned

issued

an

order

requiring Plaintiff to show cause by March 16, 2015, why this case
should not be dismissed for Plaintiff’s failure to prosecute and to
comply with the order of the court requiring the filing of a motion
for judgment and supporting brief (Docket Entry No. 14). This order
explicitly admonished Plaintiff that her failure to respond may
cause the undersigned Magistrate Judge to recommend that her
complaint be dismissed.
Plaintiff has not responded to this order to show cause,
nor has she filed her motion for judgment and supporting brief. For
this reason, the undersigned Magistrate Judge finds that the
complaint should be dismissed for Plaintiff’s failure to comply
with orders of the court.
RECOMMENDATION
For the reasons stated above, the undersigned Magistrate
Judge recommends that the complaint be dismissed pursuant to Rule
41(b) of the Federal Rules of Civil Procedure for Plaintiff’s
failure to comply with orders of the court.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

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 14 days from receipt of any objections filed
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in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
appeal of this Recommendation. 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).
It is so ORDERED.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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