Kittle v. Colvin

Filing 11

MEMORANDUM OPINION AND ORDER adopting and incorporating the 10 Proposed Findings and Recommendations by Magistrate Judge, and directing that this civil action is dismissed and stricken from the docket pursuant to Fed. R. Civ.P. 41(b) and L. R. Civ. P. 41.1. Signed by Judge John T. Copenhaver, Jr. on 11/23/2015. (cc: plaintiff; counsel of record; United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

MARK ALLEN KITTLE,
Plaintiff,
v.

CIVIL ACTION NO. 2:13-cv-09548

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

MEMORANDUM OPINION AND ORDER
On April 30, 2013, the plaintiff, Mark Allen Kittle,
instituted this action seeking judicial review of the
Commissioner's final decision pursuant to 42 U.S.C.A. § 405(g).
The sole issue before the court is whether the decision denying
Kittle’s claim for income and benefits is supported by
substantial evidence.

See 45 U.S.C.A. § 405(g).

By standing order this action was referred to the
Honorable Cheryl A. Eifert, United States Magistrate Judge.
February 10, 2015, the magistrate judge filed her Proposed
Findings and Recommendation ("PF&R").

The court received no

objections to the magistrate judge’s PF&R.

On

In the PF&R, the magistrate judge recommends that the
court dismiss Kittle’s complaint for failure to prosecute his
claim pursuant to Fed. R. Civ. P. 41(b) and L. R. Civ. P. 41.1.
On December 15, 2014, the magistrate judge ordered Kittle to
submit a brief in support of his complaint, as required by Rule
9.4, or to file a motion to remand under L. R. Civ. P. 9.5.

The

magistrate judge also granted an extension for the filing of
Kittle’s brief, provided instructions on how to obtain a copy of
the Local Rules, and warned Kittle that failure to file a brief
or otherwise show good cause for retention of this action on the
Court’s docket would result in dismissal under L. R. Civ. P.
41.1.

Kittle has taken no action in response to the magistrate

judge’s order.

Due to the extended nature of the plaintiff’s failure
to file a brief in support of his complaint or otherwise show
good cause for failing to do so the court adopts and
incorporates herein the magistrate judge’s proposed findings and
recommendation.

For the reasons stated, it is ORDERED as

follows:
1.

That the PF&R be, and it hereby is, adopted and
incorporated herein;

2.

That this civil action be, and it hereby is, dismissed
and stricken from the docket pursuant to Fed. R. Civ.
P. 41(b) and L. R. Civ. P. 41.1.
The Clerk is directed to forward copies of this

written opinion and order to the plaintiff, all counsel of
record and the United States Magistrate Judge.
DATED:

November 23, 2015

Judge John T. Copenhaver, Jr.
United States District Judge