Buchanan v. Social Security Administration

Filing 20

REPORT AND RECOMMENDATION: The undersigned recommends that the complaint be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for his failure to comply with the order of the Court. Signed by Magistrate Judge John S. Bryant on 2/4/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MICHAEL BUCHANAN,
Plaintiff
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant
TO:

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No. 3:15-0051
Judge Trauger/Bryant

THE HONORABLE ALETA A. TRAUGER
REPORT AND RECOMMENDATION
Plaintiff Michael L. Buchanan, who is proceeding pro se and in

forma pauperis, has filed his complaint appealing the denial of Social
Security benefits (Docket Entry No. 1).
On April 6, 2015, the undersigned entered an order requiring
Plaintiff to file a motion for judgment on the administrative record and a
supporting brief within 30 days after entry of the order (Docket Entry No.
13). This order contained detailed instructions about the required contents
of the supporting brief.
After Plaintiff failed to file his motion and brief as ordered,
the undersigned Magistrate Judge on January 8, 2016, issued an order
requiring Plaintiff to show cause on or before January 25, 2016, why his
complaint should not be dismissed for his failure to comply with the order
of the Court requiring his filing of his motion and supporting brief.
Plaintiff Buchanan filed a response to this order on January 25,
2016 (Docket Entry No. 19). In summary, Plaintiff’s response requests that
his case not be dismissed, argues that he needs Social Security benefits,
and concludes with “if you need any information from me please contact me
by phone or mail.”

Although Plaintiff Buchanan did respond to the order to show
cause, his response, even if liberally construed, cannot remotely be
considered to be his motion for judgment on the administrative record and
supporting brief. Moreover, Plaintiff has not requested additional time
within which to file his motion and brief.
For

the

reasons

stated

above,

the

undersigned

finds

that

Plaintiff’s complaint should be dismissed for his failure to comply with the
order of the Court requiring the filing of a motion for judgment on the
administrative record and a supporting brief.
RECOMMENDATION
For the reasons stated above, the undersigned recommends that the
complaint be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure for his failure to comply with the order 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 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).
ENTER this 4th day of February 2016.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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