Dyamond, Sr. v. Commissioner of Social Security
Filing
12
REPORT AND RECOMMENDATIONS - The Court RECOMMENDS, pursuant to the Order to Show Cause, that this case be DISMISSED re 2 Complaint filed by Anthony R. Dyamond, Sr. Objections to R&R due by 11/4/2013. Signed by Magistrate Judge Michael J Newman on 10/18/13. (pb1)
<![CDATA[
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTHONY R. DYAMOND, Sr.,
Plaintiff,
Case No.: 3:13-cv-117
vs.
COMMISSIONER OF
SOCIAL SECURITY,
District Judge Timothy S. Black
Magistrate Judge Michael J. Newman
Defendant.
REPORT AND RECOMMENDATION 1
When pro se Plaintiff did not file his Statement of Errors within the 60-day period
referenced in Sixth Amended Magistrate Judges’ General Order No. 11 (eff. Sept. 1, 2011), the
Court, acting sua sponte, afforded Plaintiff an additional fourteen days in which to do so. See
doc. 9 (Order to Show Cause). Plaintiff was then notified, in writing, that his failure to file a
Statement of Errors on or before October 9, 2013 would be cause for the Court to dismiss this
matter on lack-of-prosecution grounds and also on account of his failure to comply with General
Order No. 11. See id.
Plaintiff was provided with a copy of the Order to Show Cause and General Order No. 11
via certified mail. See Certificate of Mailing, Doc. 10.
The October 9th date set forth in the Order to Show Cause having passed, and no
response of any kind having been received from Plaintiff, the Court RECOMMENDS, pursuant
to the Order to Show Cause, that this case be DISMISSED on account of pro se Plaintiff’s
1
Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendation.
failure to prosecute and in light of his failure to comply with Sixth Amended Magistrate Judges’
General Order No. 11.
October 18, 2013
s/ Michael J. Newman
United States Magistrate Judge
-2-
NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after being
served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is
extended to SEVENTEEN days because this Report is being served by one of the methods of
service listed in Fed. R. Civ. P. 5(b)(2)(B), (C), or (D) and may be extended further by the Court
on timely motion for an extension. Such objections shall specify the portions of the Report
objected to and shall be accompanied by a memorandum of law in support of the objections. If
the Report and Recommendations are based in whole or in part upon matters occurring of record
at an oral hearing, the objecting party shall promptly arrange for the transcription of the record,
or such portions of it as all parties may agree upon or the Magistrate Judge deems sufficient,
unless the assigned District Judge otherwise directs. A party may respond to another party’s
objections within FOURTEEN days after being served with a copy thereof. Failure to make
objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn,
474 U.S. 140 (1985); United States v. Walters, 638 F. 2d 947 (6th Cir. 1981).
-3-
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
