Opinion
CASE NO. 1:15-cv-01253-DAP
10-13-2015
LINDA L. BOUR, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is the Report and Recommendation of Magistrate Judge James R. Knepp II ("R & R"), Doc #. 17, which recommends that the case be dismissed for want of prosecution. See Link v. Wabash R. Co., 370 U.S. 626, 630-32 (1962). A copy of the R&R was mailed to Bour on September 23, 2015. It is now October 13, and Bour has yet to file any objection to the R&R.
Under the relevant statute,
Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.28 U.S.C. § 636(b)(1). The failure to timely file written objections to a Magistrate Judge's R&R constitutes a waiver of the right to obtain a de novo review of the R&R in the district court. United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).
The Court has reviewed the Magistrate Judge's R & R. The Court agrees with the Magistrate Judge that the record demonstrates that Bour has failed to prosecute her claim. Accordingly, the Court ADOPTS the Magistrate Judge's R&R, Doc. # 17, and DISMISSES the case for failure to prosecute.
IT IS SO ORDERED.
/s/ Dan A . Polster Oct. 13 , 2015
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE