Opinion
Case No. 1:12-cv-6
10-05-2012
RORY B. HORN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Judge Mattice
Magistrate Judge Carter
ORDER
On March 1, 2012, United States Magistrate Judge William B. Carter filed a Report and Recommendation (Doc. 5) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Carter recommended that this action be dismissed without prejudice for failure to exhaust administrative remedies and that Plaintiff's application to proceed in forma pauperis be denied as moot.
Defendant has filed no objections to the Magistrate Judge's Report and Recommendation. Nevertheless, the Court has reviewed the record and the Report and Recommendation, and it agrees with the Magistrate Judge's well-reasoned conclusions.
Magistrate Judge Carter specifically advised the parties that they had 14 days in which to object to the Report and Recommendation and that failure to do so would waive their right to appeal. (Doc. 5 at 3 n.1); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings").
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Carter's Report and Recommendation (Doc. 5), findings of fact, and conclusions of law. This action is hereby DISMISSED WITHOUT PREJUDICE, and Plaintiff's application to proceed in forma pauperis (Doc. 1) is DENIED AS MOOT.
The Clerk of Court is DIRECTED to close this case.
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HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE