Caputo v. Commissioner of Social Security, 19-12424. (2019)
Court: District Court, E.D. Michigan
Number: infdco20191211c40
Visitors: 17
Filed: Dec. 10, 2019
Latest Update: Dec. 10, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT PREJUDICE DAVID M. LAWSON , District Judge . Presently before the Court is the report issued on November 6, 2019 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. 636(b), recommending that the Court dismiss the complaint without prejudice for failure to prosecute, after the plaintiff's application for leave to proceed in forma pauperis was denied, and the plaintiff failed to pay the required filing fee. Al
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT PREJUDICE DAVID M. LAWSON , District Judge . Presently before the Court is the report issued on November 6, 2019 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. 636(b), recommending that the Court dismiss the complaint without prejudice for failure to prosecute, after the plaintiff's application for leave to proceed in forma pauperis was denied, and the plaintiff failed to pay the required filing fee. Alt..
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ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT PREJUDICE
DAVID M. LAWSON, District Judge.
Presently before the Court is the report issued on November 6, 2019 by Magistrate Judge David R. Grand pursuant to 28 U.S.C. § 636(b), recommending that the Court dismiss the complaint without prejudice for failure to prosecute, after the plaintiff's application for leave to proceed in forma pauperis was denied, and the plaintiff failed to pay the required filing fee. Although the magistrate judge's report stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The parties' failure to file objections to the report and recommendation waives any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the report and recommendation (ECF No. 7) is ADOPTED, and the complaint is DISMISSED WITHOUT PREJUDICE.
Source: Leagle
