Opinion
Case No. 3:18-cv-169
11-05-2018
HOWARD L. TOMS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #12); DISMISSING COMPLAINT (DOC. #3) WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE; JUDGMENT TO ENTER IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF; TERMINATION ENTRY
Based on the reasoning and citations of authority set forth by United States Magistrate Judge Michael J. Newman in his Report and Recommendations, Doc. #12, as well as upon a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing in its entirety. Although Plaintiff was notified of his right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections were filed within the time allotted. Accordingly, pursuant to Fed. R. Civ. P. 41(b), the Court DISMISSES Plaintiff's Complaint, Doc. #3, WITHOUT PREJUDICE, for failure to prosecute.
Judgment shall be entered in favor of Defendant and against Plaintiff.
The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Date: November 5, 2018
/s/_________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE