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Weaver v. U.S. Social Security Administration

United States District Court, N.D. Georgia, Atlanta Division

February 27, 2017

SALINAS ACOSTA WEAVER, Plaintiff,
v.
U.S. SOCIAL SECURITY ADMINISTRATION, MS. THOMAS, assigned by Judge as Representative-Payee, and GEORGIA DEPARTMENT OF LABOR, Defendants.

          OPINION AND ORDER

          WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Magistrate Judge Janet F. King's Non-Final Report and Recommendation [8] (“R&R”), recommending that Defendants Ms. Thomas and Georgia Department of Labor be dismissed without prejudice for Plaintiff Salinas Acosta Weaver's (“Plaintiff”) failure to abide by a lawful order of the Court.

         I. BACKGROUND

         On December 9, 2016, Plaintiff, pro se, filed an application to proceed in forma pauperis [1] (“IFP Application”). Plaintiff attached to his IFP Application his complaint against Defendants U.S. Social Security Administration, Ms. Thomas, and Georgia Department of Labor for unpaid Social Security benefits. ([1.1], [3]).

         On December 13, 2016, the Magistrate Judge granted Plaintiff's IFP Application. (“December 13th Order” [2]). The Magistrate Judge ordered:

The Clerk is hereby DIRECTED to send Plaintiff the USM 285 form, summons, and the initial disclosures form. Plaintiff is DIRECTED to complete the USM 285 form, summons, and the initial disclosures form, and to return one of each for each Defendant named in the complaint within twenty (20) days from the entry date of this Order to the Clerk of Court. Plaintiff is warned that failure to comply in a timely manner could result in the dismissal of this civil action.

(Id. at 3). On December 13, 2016, the Clerk of Court sent the USM 285 form, summons, and the initial disclosures form to Plaintiff. (December 13, 2016, Docket Entry). Plaintiff did not return the forms as directed.

         On January 12, 2017, the Magistrate Judge ordered Plaintiff to show cause why Defendants Ms. Thomas and Georgia Department of Labor should not be dismissed for failure to comply with the Court's December 13th Order. (“January 12th Order” [7]). The Magistrate Judge ordered:

Plaintiff to show cause in writing within fourteen (14) days of entry of this order why the complaint should not be dismissed as to Defendants Ms. Thomas and Georgia Department of Labor pursuant to Local Rule 41.3(A)(2), N.D.Ga.
The court further ORDERS that Plaintiff provide to the Clerk the completed USM 285 form and summons for each of the above-named Defendants and her Initial Disclosures as previously ordered within fourteen (14) days of entry of this order if Plaintiff wishes to proceed against these Defendants.
Plaintiff is advised that failure to comply with these orders will result in a recommendation of dismissal of the complaint with prejudice.

(Id. at 2). Plaintiff did not respond to the Magistrate Judge's January 12th Order.

         On February 2, 2017, the Magistrate Judge issued her R&R. In it, she recommends that the Court dismiss this action for Plaintiff's failure to comply with the December 13th Order and January 12th Order. Plaintiff did not file any objections to the R&R.

         II. ...


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