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Jackson v. Colvin

United States District Court, Middle District of Pennsylvania

March 24, 2015

DINA JACKSON, Plaintiff
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

ORDER

Christopher C. Conner, Chief Judge.

AND NOW this 24th day of March, 2015, upon consideration of the report (Doc 14) of Magistrate Judge Joseph F Saporito Jr recommending the court dismiss pro se plaintiffs appeal (Doc 1) of the decision of the administrative law judge (“ALJ”) denying her application for disability insurance benefits wherein Judge Saporito finds that plaintiff has failed to prosecute her appeal and failed to comply with an order of court (see Doc 14 at 2-5) and after an independent review of the record the court in agreement with Judge Saporito that plaintiffs failure to file a brief in support of her appeal as required by the Local Rules of Court and by the court’s order (Doc 13) of January 26 2015 warrants dismissal of her appeal see Fed R Civ P 41(b) (providing for dismissal of an action when “the plaintiff fails to prosecute or to comply with these rules or a court order”) and it appearing that neither party has filed objections to the magistrate judge’s report and that there is no clear error on the face of the record, [1] see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that “failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level”), it is hereby ORDERED that:

2. Plaintiff’s appeal (Doc. 1) from the decision of the Commissioner of Social Security is DISMISSED without prejudice.


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