Hawker v. Colvin

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 19 Report and Recommendations, 3 Complaint filed by Britt Hawker. Signed by Judge Clark Waddoups on 8/11/17. (jmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION BRITT HAWKER, ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, vs. Case No. 2:16-cv-296-CW-EJF NANCY A. BERRYHILL, Acting Commissioner of Social Security, Judge Clark Waddoups Magistrate Judge Evelyn J. Furse Defendant. This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Judge Evelyn J. Furse under 28 U.S.C. § 636(b)(1)(B). On July 7, 2017, Judge Furse issued a Report and Recommendation recommending that the case be dismissed for failure to prosecute. (Dkt. No. 19.) As Judge Furse notes, Plaintiff Britt Hawker failed to respond to Judge Furse’s Order to Show Cause, issued December 29, 2016, directing Ms. Hawker to inform the court as to the status of the case and Ms. Hawker’s intentions to proceed no later than January 17, 2017. (Dkt. No. 18.) The Order to Show Cause advised Ms. Hawker that failure to respond “will result in dismissal of the Complaint.” (Id.) To date, Ms. Hawker has not responded. Over seven months have passed since Judge Furse issued the Order to Show Cause and nearly a full year has passed since the Commissioner filed the Administrative Record in this case. (See Dkt. Nos. 10 & 18.) Plaintiff has not filed objections to the Report and Recommendation, and the time to do so has expired. Therefore, the court ADOPTS the Report and Recommendation as the findings and conclusions of the court, (Dkt. No. 19), and DISMISSES this case without prejudice for failure to prosecute. 1 SO ORDERED this 11th day of August, 2017. BY THE COURT: ______________________________ CLARK WADDOUPS United States District Judge 2

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