Judy v. Commissioner of Social Security

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Joel's 6 Report and Recommendation be adopted; this matter is dismissed without prejudice and stricken from the docket for failure to prosecute. Signed by Chief Judge John Preston Bailey on 4/20/12. (cnd) Added relationship on 4/20/2012 (cnd).

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

JASON JUDY,
Plaintiff,
v.

Civil Action No. 2:12-CV-11
(Judge Bailey)

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the
Report and Recommendation of United States Magistrate Judge David J. Joel [Doc. 6]
dated April 2, 2012, to which neither party filed objections. Pursuant to 28 U.S.C. §
636(b)(1)(C), this Court is required to make a de novo review of those portions of the
magistrate judge’s findings to which objection is made. However, failure to file objections
to the magistrate judge’s proposed findings and recommendation permits the District Court
to review the recommendation under the standards that the District Court believes are
appropriate, and under these circumstances, the parties’ right to de novo review is waived.
See Webb v. Califano, 468 F. Supp. 825 (E.D. Cal. 1979). The Court notes service was
accepted on April 2, 2012. Accordingly, because no objections have been filed, this report
and recommendation (“R & R”) will be reviewed for clear error.
On March 15, 2012, Magistrate Judge Joel issued an Order to Show Cause [Doc.
5] wherein the plaintiff was cautioned that a failure to show cause within fourteen (14) days
could result in dismissal of this case. The plaintiff has to date failed to answer or otherwise

respond. For those reasons, the Report and Recommendation recommends this matter
now be dismissed.
Upon review of the above, it is the opinion of this Court that the Report and
Recommendation [Doc. 6] should be, and is, hereby ORDERED ADOPTED. For the
reasons more fully stated in the Report and Recommendation, this Court ORDERS that this
matter be DISMISSED WITHOUT PREJUDICE and be STRICKEN FROM THE DOCKET
OF THIS COURT for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: April 20, 2012.