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Sexton v. Colvin

United States District Court, Sixth Circuit

September 23, 2013

JAMES D. SEXTON, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.

REPORT AND RECOMMENDATIONS [1]

SHARON L. OVINGTON, Chief Magistrate Judge.

On April 3, 2013, Plaintiff filed a pro se Complaint in this Court seeking judicial review from a final decision issued by the Commissioner of the Social Security Administration. Plaintiff, however, did not file a Statement of Errors in response to Defendant's Answer as required by the Sixth Amended Magistrate Judges' General Order No. 11. Consequently, on August 27, 2013, the Court Ordered Plaintiff to Show Cause - not later than September 20, 2013 - why his Complaint should not be dismissed due to his failure to prosecute and his failure to file the required Statement of Errors. (Doc. #7). Plaintiff was warned that "[f]ailure to file a Statement of Errors, request an extension of time, or otherwise respond, may result in dismissal of this case for failure to prosecute."

To date, Plaintiff has not responded nor has he filed a Statement of Errors.

The Court finds that Plaintiff has engaged in a clear pattern of delay by not responding to this Court's Order and by not filing a Statement of Errors. Plaintiff has not submitted any explanation for these failures. Absent such an explanation, and in light of the above circumstances, Plaintiff's clear pattern of delay warrants dismissal of this case pursuant to Fed.R.Civ.P. 41(b) for failure to prosecute. See Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962); Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991); Harris v. Callwood, 844 F.2d 1254, 1256 (6th Cir. 1988).

IT IS THEREFORE RECOMMENDED THAT:

Plaintiff's Complaint be dismissed without prejudice pursuant to ...


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