Middleton v. Commissioner of Social Security

Filing 12

ORDER adopting 5 Report and Recommendations; denying 11 Motion for Extension of Time to File. Signed by Judge Sheryl H. Lipman on 5/17/17. (Lipman, Sheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
EDNA KELLEY MIDDLETON,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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No. 17-cv-2164-SHL-dkv

ORDER DENYING MOTION FOR EXTENSION OF TIME AND
ADOPTING REPORT AND RECOMMENDATION
Before the Court is Chief Magistrate Judge Diane K. Vescovo’s (“Chief Magistrate
Judge”) Order Granting Motion to Proceed In Forma Pauperis and Report and Recommendation
for Sua Sponte Dismissal (“Report”) (ECF No. 5), filed on April 5, 2017, recommending the
dismissal of Pro Se Plaintiff’s Complaint (ECF No. 1) because it is untimely and because
Plaintiff failed to exhaust her administrative remedies. Also before the Court is Plaintiff’s third
Motion for Time Extension to file her objections to the Report. (ECF No. 11.) For the following
reasons, the Motion is DENIED, and the Report is ADOPTED.
A magistrate judge may submit to a judge of the court proposed findings of fact and
recommendations for dismissal of a complaint for failure to state a claim on which relief may be
granted. 28 U.S.C. § 636(b)(1)(B). “Within 14 days after being served with a copy of the
recommended disposition, a party may serve and file specific written objections to the proposed
findings and recommendations.” Fed. R. Civ. P. 72(b)(2); see also 28 U.S.C. § 636(b)(1). A
district court reviews de novo only those proposed findings of fact or conclusions of law to
which a party specifically objects. Id.; see also Fed. R. Civ. P. 72(b)(3).
Here, the Court has granted Plaintiff two extensions of time to file her objections to the
Report. (ECF Nos. 7 & 10.) The Court declines to continue to draw out this matter. Therefore,

Plaintiff’s third Motion for Time Extension is hereby DENIED. Because the deadline to object
to the Report has passed without objection, the Court has reviewed the Report for clear error and
finds none. Therefore, the Court ADOPTS the Magistrate Judge’s Report and DISMISSES
Plaintiff’s Complaint for failure to state a claim.
IT IS SO ORDERED, this 17th day of May, 2017.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

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