Fannin v. Commissioner, SSA

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The complaint is hereby DISMISSED WITHOUT PREJUDICE. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 04/04/16. (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
JAMES FLOYD FANNIN,
Plaintiff,
vs.
COMMISSIONER OF SSA,
Defendants.

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CIVIL ACTION NO. 6:15-cv-1176
MHS-JDL

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Plaintiff James Floyd Fannin initiated this civil action on December 30, 2015. The case
was referred to United States Magistrate Judge John D. Love, who issued a Report and
Recommendation recommending that the case be dismissed without prejudice for failure to obey
a court order. (Doc. No. 4.) Specifically, the Report and Recommendation found that the
responsive time to comply with the Court’s Order (Doc. No. 3) to either pay the $400 filing fee,
or complete the application for leave to proceed in forma pauperis, had passed. Plaintiff’s
counsel of record received notice of both the Court’s Order (Doc. No. 3) and the Report and
Recommendation (Doc. No. 4.) as the designated attorney to be notified via CM/ECF. Plaintiff
has not filed any objections to the Report and Recommendation within the prescribed time
period.
Therefore the Court hereby adopts the findings and conclusions of the Magistrate Judge
as the findings and conclusions of the Court. It is accordingly ORDERED that the complaint is
hereby DISMISSED WITHOUT PREJUDICE. It is further ORDERED that any motion not
previously ruled on is DENIED.

SIGNED this 4th day of April, 2016.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE