Bucklew v. Commissioner of Social Security

Filing 9

ORDER adopting Report and Recommendations re 8 Report and Recommendations. It is ORDERED that this civil action is DISMISSED WITH PREJUDICE for failure to prosecute and RETIRED from the docket of this Court. The Court directs the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 6/8/2011. (kd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

STEVEN BUCKLEW,
Plaintiff,

v.

CIVIL ACTION NO. 1:10CV197
(Judge Keeley)

MICHAEL J. ASTRUE,1 COMMISSIONER
OF SOCIAL SECURITY ADMINISTRATION,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. §636(b)(1)(B), Fed. R. Civ. P. 72(b) and
Local Court Rule 4.01(d), on November 22, 2010, the Court referred
this Social Security action to United States Magistrate Judge John
S. Kaull with directions to submit proposed findings of fact and a
recommendation for disposition.
On

April

18,

2011,

Magistrate

Judge

Kaull

ordered

the

plaintiff to show cause on or before May 2, 2011 for his failure to
timely file his Motion for Summary Judgment and Memorandum in

1

Michael J. Astrue became the Commissioner of Social
Security, effective February 12, 2007. Under Fed.R.Civ.P. 25(d)(1)
and 42 U.S.C. § 405(g), Michael J. Astrue is automatically
substituted as the defendant in this action.

BUCKLEW V. COMMISSIONER OF SOCIAL SECURITY

1:10CV197

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Support in compliance with Local Court Rule 9.02(c). As of this
date, Bucklew has failed to respond to the show cause order.
On May 19, 2011, Magistrate Judge Kaull filed his Report and
Recommendation (“R&R”) recommending that this civil action be
dismissed with prejudice for failure to prosecute and directed the
parties, in accordance with 28 U.S.C. §636(b)(1) and Fed. R. Civ.
P. 6(e), to file written objections, if any, with the Clerk of
Court within fourteen (14) days after being served with a copy of
the R&R. He further directed the parties that failure to file
objections would result in a waiver of the right to appeal from the
judgment of this Court.

The parties did not file any objections.

Upon consideration of Magistrate Judge Kaull's recommendation
and having received no written objections,2

the Court accepts the

R&R and ORDERS that Magistrate Judge Kaull’s R&R is accepted in
whole and this civil action is DISMISSED WITH PREJUDICE for failure
to prosecute and RETIRED from the docket of this Court.

2

Buckley’s failure to object to the Report and Recommendation
not only waives his appellate rights in this matter, but also
relieves the Court of any obligation to conduct a de novo review of
the issues presented. See Wells v. Shriners Hospital, 109 F.3d
198, 199-200 (4th Cir. 1997); Thomas v. Arn,474 U.S. 140,148-153
(1985).
2

BUCKLEW V. COMMISSIONER OF SOCIAL SECURITY

1:10CV197

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of
Court to enter a separate judgment order and to transmit copies of
this Order to counsel of record.
DATED: June 8, 2011.

/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

3