Elliott v. Commissioner of Social Security

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION re 14 Report and Recommendation. The case is DISMISSED without prejudice and STRICKEN from the active docket. Signed by Judge Norman K. Moon on July 15, 2014. (sfc)

IN THE U NITED S TATES D ISTRICT C OURT
F OR THE W ESTERN D ISTRICT OF V IRGINIA
L YNCHBURG D IVISION

CHRISTOPHER D. ELLIOTT , JR.,

CIVIL ACTION NO . 6:13-cv-00029
Plaintiff,

v.
COMMISSIONER OF SOCIAL SECURITY ,
Defendant.

ORDER

JUDGE NORMAN K. MOON

I granted the pro se Plaintiff’s motion for leave to proceed in forma pauperis in this
Social Security appeal, and the matter was referred by standing order to United States Magistrate
Judge Robert S. Ballou for proposed findings of fact and a recommended disposition. The
Commissioner of Social Security filed its answer and the administrative transcript, but Plaintiff
failed to file a brief as directed by Judge Ballou’s briefing notice. Thereafter, Judge Ballou
entered an order directing Plaintiff to filed a brief in accordance with the briefing notice or show
cause why the matter should not be dismissed for failure to prosecute.

Plaintiff has not

responded. The docket reflects that the court’s orders and notices have been mailed to Plaintiff
at the mailing address of record, and none of the court’s mail to Plaintiff has been returned as
undeliverable.
Subsequently, Judge Ballou filed a Report and Recommendation (“Report”)
recommending that the complaint be dismissed for failure to prosecute. The docket reflects that
the Report was mailed to Plaintiff and has not been returned as undeliverable. After a review of
the record, which discloses that Plaintiff has failed to take any action regarding this matter since
filing the complaint in April 2013, and no objection having been filed to the Report within

fourteen days of its service upon the parties, I ADOPT the Report (docket no. 14) in its entirety.
Accordingly, the case is DISMISSED without prejudice pursuant to Rule 41(b) of the Federal
Rules of Civil Procedure, and this action is STRICKEN from the court’s active docket.
The Clerk of the Court is directed to send a certified copy of this order to all counsel of
record, to United States Magistrate Judge Robert S. Ballou, and to the pro se Plaintiff at his
mailing address of record.
It is so ORDERED.
ENTER: This 15th day of July, 2014.

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