Opinion
No. 3:15-0051
02-04-2016
MICHAEL BUCHANAN, Plaintiff v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant
Judge Trauger/Bryant
TO: THE HONORABLE ALETA A. TRAUGER
REPORT AND RECOMMENDATION
Plaintiff Michael L. Buchanan, who is proceeding pro se and in forma pauperis, has filed his complaint appealing the denial of Social Security benefits (Docket Entry No. 1).
On April 6, 2015, the undersigned entered an order requiring Plaintiff to file a motion for judgment on the administrative record and a supporting brief within 30 days after entry of the order (Docket Entry No. 13). This order contained detailed instructions about the required contents of the supporting brief.
After Plaintiff failed to file his motion and brief as ordered, the undersigned Magistrate Judge on January 8, 2016, issued an order requiring Plaintiff to show cause on or before January 25, 2016, why his complaint should not be dismissed for his failure to comply with the order of the Court requiring his filing of his motion and supporting brief.
Plaintiff Buchanan filed a response to this order on January 25, 2016 (Docket Entry No. 19). In summary, Plaintiff's response requests that his case not be dismissed, argues that he needs Social Security benefits, and concludes with "if you need any information from me please contact me by phone or mail."
Although Plaintiff Buchanan did respond to the order to show cause, his response, even if liberally construed, cannot remotely be considered to be his motion for judgment on the administrative record and supporting brief. Moreover, Plaintiff has not requested additional time within which to file his motion and brief.
For the reasons stated above, the undersigned finds that Plaintiff's complaint should be dismissed for his failure to comply with the order of the Court requiring the filing of a motion for judgment on the administrative record and a supporting brief.
RECOMMENDATION
For the reasons stated above, the undersigned recommends that the complaint be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for his failure to comply with the order of the Court.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has 14 days from receipt of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Any party opposing said objections shall have 14 days from receipt of any objections filed in this Report in which to file any responses to said objections. Failure to file specific objections within 14 days of receipt of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S. Ct. 466, 88 L.Ed.2d 435 (1985), Reh'g denied, 474 U.S. 1111 (1986).
ENTER this 4th day of February 2016.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge