Garr v. Commissioner of Social Security

1:09-cv-00128 | S.D. Ohio | Nov 18, 2009

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION RONALD D. GARR, : : Plaintiff(s), : : Case Number: 1:09CV128 vs. : : Chief Judge Susan J. Dlott COMMISSIONER OF SOCIAL SECURITY, : : Defendant(s). : ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on October 21, 2009 a Report and Recommendation (Doc. 13). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 14).

The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendations should be adopted.

Accordingly, plaintiff’s complaint is DISMISSED with prejudice for lack of prosecution. The Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal of this Order will 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" date_filed="1999-05-28" court="6th Cir." case_name="Walter Callihan v. Stewart Schneider">178 F.3d 800, 803 (6 th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3D 274, 277 (6 th Cir. 1997).

IT IS SO ORDERED.

___s/Susan J. Dlott___________ _ Chief Judge Susan J. Dlott United States District Court