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Turner v. Colvin

United States District Court, D. Minnesota

February 27, 2014

Robert Turner, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.

REPORT AND RECOMMENDATION

LEO I. BRISBOIS, Magistrate Judge.

This matter came before the undersigned United States Magistrate Judge upon the routine supervision of cases that pend before us, and upon an assignment made in accordance with Title 28 U.S.C. ยง636(b)(1)(A). For the reasons set forth below, the Court recommends that this case be DISMISSED without prejudice.

Robert Turner ("Plaintiff"), proceeding pro se , commenced this action on or about August 7, 2013, by filing a Complaint with the Clerk of Court. (See Docket No. 1). By this action, Plaintiff seeks review of the final decision of the Commissioner of the Social Security Administration ("Defendant" or "Commissioner"), which denied his Application for Disability Insurance Benefits. Id.

On November 12, 2013, the Commissioner filed her Answer, [Docket No. 6], and a certified copy of the Transcript of the Administrative Record in this matter, [Docket No. 7]. However, the Commissioner did not serve those documents on Plaintiff until December 6, 2013. (Certificate of Service [Docket No. 9]). Thus, in accordance with the Local Rules of the U.S. District Court for the District of Minnesota, [1] the Court Ordered that Plaintiff file and serve his Motion for Summary Judgement by no later than February 4, 2014. (Order [Docket No. 11]).

Subsequently, on February 12, 2014, after more than 60 days passed and Plaintiff had not made a Motion for Summary Judgment, this Court gave Plaintiff an additional 10 days to show good cause for an extension of time to make such a motion. (Order [Docket No. 12]). Additionally, the Court advised Plaintiff: "In the absence of good cause shown, the Court may recommend that this action be dismissed for failure to timely file the Plaintiff's Motion for Summary Judgment, and for failure to prosecute." ( Id. at 2).

More than 10 days have passed since this Court issued its Order, [Docket No. 12], and as of today's date, Plaintiff has neither made his Motion for Summary Judgment, nor presented the Court with good cause why his case should not be dismissed for failure to comply with this Court's Order, [Docket No. 12], and for failure to prosecute.

Based upon the above, and upon all the files, records and proceedings herein, IT IS HEREBY RECOMMENDED: That Plaintiff's Complaint, [Docket No. 1], be DISMISSED without prejudice.


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