Opinion
No. 6:20-cv-00041
06-23-2020
Michelle Orr, Plaintiff, v. Commissioner, Social Security Administration, Defendant.
Before BARKER, District Judge
ORDER
On January 27, 2020, plaintiff filed this action pursuant to 42 U.S.C. § 405(g) for judicial review of defendant's decision denying her application for disability insurance benefits. The case was referred to United States Magistrate Judge K. Nicole Mitchell pursuant to 28 U.S.C. § 636.
Judge Mitchell ordered plaintiff to show cause why the lawsuit should not be dismissed for failure to timely serve defendant. Doc. 7. Plaintiff did not file a response. On May 8, 2020, Judge Mitchell issued a report and recommendation that the complaint be dismissed without prejudice for failure to prosecute. Doc. 8. Plaintiff did not file objections.
When no party objects to a magistrate judge's report and recommendation within 14 days of service, the court "need only satisfy itself that there is no clear error on the face of the record." Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996) (en banc). Here, there is no clear error. Accordingly, the magistrate judge's report and recommendation is adopted. This action is dismissed without prejudice for failure to prosecute. Fed. R. Civ. P. 41(b).
So ordered by the court on June 23, 2020.
/s/_________
J. CAMPBELL BARKER
United States District Judge