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Sharon Kay Heal v. Commissioner of Social Security

October 17, 2011

SHARON KAY HEAL, PLAINTIFF
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT



The opinion of the court was delivered by: Herman J. Weber, Senior Judge United States District Court

ORDER

This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 16) to which neither party has objected.

Upon a de novo review of the record, the Court finds that the Magistrate Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. This Court accepts the Report as uncontroverted. The Report and Recommendation is ADOPTED AND INCORPORATED herein. Plaintiff's Complaint (doc. no. 3) is DISMISSED WITH PREJUDICE for lack of prosecution.

The Court certifies pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons, an appeal of this Order would not be taken in good faith and therefore denies plaintiff leave to appeal in forma pauperis . Plaintiff, a non-prisoner, remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider , 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv. , 105 F.3d 274, 277 (6th Cir. 1998).

This case is DISMISSED AND TERMINATED on the docket of this Court. IT IS SO ORDERED.

Herman J. Weber

20111017

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