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WILLIAMS v. ASTRUE, 3:12-cv-55. (2012)

Court: District Court, S.D. Ohio Number: infdco20120731a27 Visitors: 12
Filed: Jul. 30, 2012
Latest Update: Jul. 30, 2012
Summary: REPORT AND RECOMMENDATION 1 THAT: (1) PLAINTIFF'S COMPLAINT BE DISMISSED; (2) THIS CASE BE TERMINATED UPON THE COURT'S DOCKET; AND (3) PLAINTIFF BE DENIED IN FORMA PAUPERIS STATUS ON APPEAL MICHAEL J. NEWMAN, Magistrate Judge. This Social Security disability appeal was filed pro se on February 28, 2012. See doc. 2. Pursuant to the Sixth Amended Magistrate Judges' General Order No. 11 (eff. Sept. 1, 2011), Plaintiff's Statement of Errors was to be filed on or before July 2,
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REPORT AND RECOMMENDATION1 THAT: (1) PLAINTIFF'S COMPLAINT BE DISMISSED; (2) THIS CASE BE TERMINATED UPON THE COURT'S DOCKET; AND (3) PLAINTIFF BE DENIED IN FORMA PAUPERIS STATUS ON APPEAL

MICHAEL J. NEWMAN, Magistrate Judge.

This Social Security disability appeal was filed pro se on February 28, 2012. See doc. 2. Pursuant to the Sixth Amended Magistrate Judges' General Order No. 11 (eff. Sept. 1, 2011), Plaintiff's Statement of Errors was to be filed on or before July 2, 2012 (60 days after Defendant's service of the Answer on May 3, 2012). Plaintiff failed to comply with this deadline and the Court accordingly issued a Show Cause Order on July 11, 2012, affording Plaintiff fourteen days to show cause "why this matter should not be dismissed for failure to comply with the Magistrate Judges' General Order No. 11 and for failure to prosecute," or alternatively, to file his Statement of Errors. Doc. 9. Plaintiff was mailed copies of the Show Cause Order and General Order No. 11. See id.

The July 25 deadline has passed, and pro se Plaintiff has not filed his Statement of Errors. Nor has he filed a response to the Court's Show Cause Order. Therefore, this case merits dismissal on account of Plaintiff's lack of prosecution. Accord Jourdan v. Jabe, 951 F.2d 108, 109-10 (6th Cir. 1991). Accordingly, the Court RECOMMENDS that: Plaintiff's complaint be DISMISSED; this case be TERMINATED upon the Court's docket; and Plaintiff be DENIED in forma pauperis status if he appeals to the Sixth Circuit.

FootNotes


1. Attached hereto is a NOTICE to the parties regarding objections to this Report and Recommendation.
Source:  Leagle

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