Combs v. Astrue, No. 3:2011cv00385 - Document 11 (S.D.W. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the 10 Proposed findings and recommendation of the Magistrate Judge and Dismisses this matter, without prejudice, for failure to prosecute. Signed by Judge Robert C. Chambers on 6/1/2012. (cc: attys; any unrepresented party) (skm)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MARK COMBS, Plaintiff, v. CIVIL ACTION NO. 3:11-0385 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court dismiss this matter, without prejudice, for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and L.R.Civ P. 41.1. Neither party has filed objections to the Magistrate Judge s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DISMISSES this matter, without prejudice, for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and L.R.Civ P. 41.1, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: June 1, 2012 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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