Opinion
Civil Action 21-00630-BAJ-RLB
08-15-2022
KENISHA GRAY v. COMMISSIONER OF SOCIAL SECURITY
RULING AND ORDER
BRIAN A.JACKSON, JUDGE
Before the Court is the Complaint filed by Plaintiff Kenisha Gray. (Doc. 1). Plaintiff seeks judicial review of the Commissioner of the Social Security Administration's final decision denying her application for Disability Insurance Benefits and Supplemental Security Income under the Social Security Act. (Id.). A review of the record reveals that Defendant has not be served. On May 18, 2022, the Court issued an Order requiring Plaintiff to show cause, in writing, why her claims should not be dismissed for failure to serve Defendant within the time allowed under Federal Rule of Civil Procedure 4. (Doc. 6). Plaintiff was specifically warned that failure “to show cause or provide proof of service by June 15, 2022, may result in dismissal of the action, without prejudice, under Rule 4(m) without further notice to plaintiff.” (Id.).
The Magistrate Judge issued a Report and Recommendation (Doc. 7), recommending that the Court dismiss this action, without prejudice, for failure to serve Defendant as required by Federal Rule of Civil Procedure 4(m).
There are no objections to the Report and Recommendation,
The Magistrate Judge emphasized the following in the Report and Recommendation:
Under 28 U.S.C. § 636(b)(1), you have 14 days from receipt of this Notice to file written objections to the proposed findings of fact and conclusions of law in the Magistrate Judge's Report. A failure to object will constitute a waiver of your right to attack the factual findings on appeal.
ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.No timely objection was filed.
Having carefully considered the underlying appeal, and related filings, the
Court APPROVES the Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that this action be dismissed, without prejudice, for failure of Plaintiff to serve the defendant as required by Federal Rule of Civil Procedure 4(m).
Judgement shall be entered separately.