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Brown v. Berryhill, 17-345 WES. (2018)

Court: District Court, D. Rhode Island Number: infdco20180501c32 Visitors: 5
Filed: Apr. 26, 2018
Latest Update: Apr. 26, 2018
Summary: ORDER WILLIAM E. SMITH , Chief District Judge . In a Report and Recommendation ("R&R") filed on April 9, 2018 (ECF No. 17), Magistrate Judge Lincoln D. Almond recommended that the Court dismiss this action without prejudice because Plaintiff has neither complied with the Court's scheduling order nor diligently prosecuted this action. After reviewing the R&R and the relevant papers, and having heard no objections, the Court ACCEPTS the R&R and adopts its recommendations and reasoning. Acco
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ORDER

In a Report and Recommendation ("R&R") filed on April 9, 2018 (ECF No. 17), Magistrate Judge Lincoln D. Almond recommended that the Court dismiss this action without prejudice because Plaintiff has neither complied with the Court's scheduling order nor diligently prosecuted this action. After reviewing the R&R and the relevant papers, and having heard no objections, the Court ACCEPTS the R&R and adopts its recommendations and reasoning.

Accordingly, this action is DISMISSED without prejudice.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION

This is an appeal of a decision denying Social Security "SSI" disability benefits. Plaintiff filed this appeal on July 26, 2017 and is proceeding pro se. Defendant has answered and filed the Administrative Record. On March 1, 2018. the case was referred to me for a report and recommendation.

Pursuant to that referral, a standard scheduling order was issued requiring Plaintiff to file his Motion to Modify, Reverse or Remand the Decision of the Commissioner by April 2, 2018. To date, Plaintiff has neither filed such a motion nor requested an extension oldie filing deadline. Accordingly, I recommend that this action be DISMISSED without prejudice due to Plaintiff's failure to comply with the Court's Scheduling Order and failure to diligently prosecute this action.

Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of the Court within fourteen days of its receipt. See Fed. R. Civ. P. 72(b); LR Cv 72. Failure to file specific objections in a timely manner constitutes waiver of the right to review by the District Court and the right to appeal the District Court's decision. See United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603, 605 (1st Cir. 1980).

/s/ Lincoln D. Almond LINCOLN D. ALMOND United States Magistrate Judge April 9, 2018
Source:  Leagle

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