Summary
dismissing action pursuant to Rule 41(b) for failing to meet scheduling deadlines and to respond court's show cause order
Summary of this case from McClain v. Comm'r of the Soc. Sec. Admin.Opinion
Civil Action 2:12-cv-486
11-27-2012
RITA J. DUVALL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Judge Michael H. Watson
Magistrate Judge Elizabeth P. Deavers
ORDER
This matter is before the Court for consideration of the United States Magistrate Judge's October 25, 2012 Report and Recommendation. ECF No. 11. After Plaintiff missed case scheduling deadlines and failed to respond to the Court's October 2, 2012 Show Cause Order, the Magistrate Judge recommended that the Court dismiss Plaintiffs action under Federal Rule of Civil Procedure 41(b).
The Report and Recommendation of the Magistrate Judge specifically advises Plaintiff that the failure to object to the Report and Recommendation within fourteen days of the Report results in a "waiver of the right to de novo review . . . by the District Judge and waiver of the right to appeal the judgment of the District Court." Report and Recommendation 3-4, ECF No. 11. The time period for filing objections to the Report and Recommendation has expired. Plaintiff has not objected to the Report and Recommendation.
Noting that no objections have been filed and that the time for filing such objections expired, the Court ADOPTS the Report and Recommendation of the Magistrate Judge, DISMISSES this action pursuant to Rule 41(b), and DIRECTS the Clerk to enter judgment accordingly.
IT IS SO ORDERED.
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MICHAEL H. WATSON , JUDGE
UNITED STATES DISTRICT COURT