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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

CAROLYN BEARD, 

Plaintiff, CIVIL ACTION NO. 14-cv-12436 

v. DISTRICT JUDGE GERSHWIN A. DRAIN 

COMMISSIONER OF MAGISTRATE JUDGE MONA K. MAJZOUB 

SOCIAL SECURITY, 

Defendant. 

_________________________/ 

REPORT AND RECOMMENDATION 

 Plaintiff Carolyn Beard seeks judicial review of Defendant Commissioner of Social 

Security’s determination that she is not entitled to Social Security benefits for her physical 

impairments under 42 U.S.C. § 405(g). (Docket no. 1.) The matter has been referred to the 

undersigned for all pretrial purposes pursuant to 28 U.S.C. § 636(b). (Docket no. 2.) 

I. RECOMMENDATION 

For the reasons discussed herein, it is recommended that this matter be dismissed, without 

prejudice, for failure to prosecute pursuant to Eastern District of Michigan Local Rule 41.2 and for 

failure to comply with the Court’s January 12, 2016 Order. 

II. REPORT 

On May 20, 2015, this matter was transferred, pursuant to Administrative Order 

15-AO-033, to a three-judge panel for consideration of a global stay and an inquiry into Plaintiff’s 

counsel’s representation. The matter was stayed as part of a global stay on June 9, 2015. 

(Docket no. 12.) 

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On October 19, 2015, pursuant to Administrative Order 15-AO-045, the matter was 

transferred back to the original District Judge. On October 14, 2015, the Court ordered Plaintiff’s 

counsel to send a letter to Plaintiff that would (i) advise that the firm would no longer represent 

Plaintiff; (ii) advise that Plaintiff would have 60 days to obtain new counsel or Plaintiff would be 

deemed to be proceeding pro se; (iii) set forth the names of three independent lawyers whom 

Plaintiff could retain if desired; and (iv) provide information regarding return or transfer of files. 

On January 12, 2016, noting that new counsel had not appeared on Plaintiff’s behalf in this 

matter, and in accordance with the Court’s determination and the letter described above, the Court 

lifted the stay in this matter, terminated the appearance of Attorney James Smith and the Law Firm 

of Davidson, Breen, Doud, Steele & Ferguson, P.C, noted that Plaintiff would proceed pro se in 

this matter, and struck the then-existing Motions for Summary Judgment that had been filed in this 

matter (docket nos. 9 and 10). (Docket no. 15.) The Court also ordered the parties to file new 

Motions for Summary Judgment; Plaintiff’s Motion was to be filed no later than February 12, 

2016. (Id.) 

Importantly, the Court warned Plaintiff that under Fed. R. Civ. P. 41(b), a federal court 

may sua sponte dismiss a claim for failure to prosecute or comply with an order. See also E.D. 

Mich. LR 41.2 (“[W]hen it appears that . . . the parties have taken no action for a reasonable time, 

the Court may, on its own motion after reasonable notice . . . enter an order dismissing . . . the case 

unless good cause is shown.”). Therefore, the Court informed Plaintiff that a failure to comply 

with its order and submit a timely Motion for Summary Judgment may result in a recommendation 

that this matter be dismissed for failure to prosecute or for failure to comply with the Court’s 

Order. 

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 Plaintiff has not filed a Motion for Summary Judgment, and the February 12, 2016 

deadline for doing so has passed. Accordingly, it is recommended that the instant complaint be 

dismissed for failure to prosecute and for failure to comply with the Court’s Order. 

REVIEW OF REPORT AND RECOMMENDATION 

Either party to this action may object to and seek review of this Report and 

Recommendation, but must act within fourteen (14) days of service of a copy hereof as provided 

for in 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2). Failure to file specific objections 

constitutes a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140 (1985); Howard 

v. Sec’y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 

F.2d 947 (6th Cir. 1981). Filing objections which raise some issues but fail to raise others with 

specificity will not preserve all objections that a party might have to this Report and 

Recommendation. Willis v. Sec’y of Health and Human Servs., 931 F.2d 390, 401 (6th Cir. 

1991); Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). 

Pursuant to Rule 72.1(d)(2) of the Local Rules of the United States District Court for the Eastern 

District of Michigan, a copy of any objection must be served upon this Magistrate Judge. 

Within fourteen (14) days of service of any objecting party’s timely filed objections, the 

opposing party may file a response. The response shall be not more than five (5) pages in length 

unless by motion and order such page limit is extended by the Court. The response shall address 

specifically, and in the same order raised, each issue contained within the objections. 

Dated: February 18, 2016 s/ Mona K. Majzoub 

 MONA K. MAJZOUB 

UNITED STATES MAGISTRATE JUDGE 

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PROOF OF SERVICE 

I hereby certify that a copy of this Report and Recommendation was served upon Plaintiff 

and counsel of record on this date. 

Dated: February 18, 2016 s/ Lisa C. Bartlett 

Case Manager 

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