Anderson v. Commissioner of Social Security

Full title: David M. Anderson, Plaintiff v. Commissioner of Social Security, Defendants

Court: United States District Court, S.D. Ohio, Western Division

Date published: Mar 24, 2010

Case No. 1:09-cv-653 (S.D. Ohio Mar. 24, 2010)

Opinion

Case No. 1:09-cv-653.

March 24, 2010

ORDER

SANDRA BECKWITH, District Judge

This matter is before the Court on the Magistrate Judge's Report and Recommendation filed March 3, 2010 (Doc. 10).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's complaint is DISMISSED with prejudice for lack of prosecution.

This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this Order would not be taken in good faith, and therefore DENIES plaintiff leave to appeal in forma pauperis. See Fed.R.App.P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6^th Cir. 1997). Plaintiff remains free to apply to proceed in forma pauperis in the United States Court of Appeals for the Sixth Circuit.