UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

JARED REED, 

 

Plaintiff, 

 Civil Case No. 14-12837 

v. Honorable Linda V. Parker 

COMMISSIONER OF SOCIAL 

SECURITY, 

Defendant. 

_____________________________/ 

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S 

FEBRUARY 17, 2016 REPORT AND RECOMMENDATION AND 

DISMISSING COMPLAINT WITHOUT PREJUDICE

On July 21, 2014, Plaintiff filed this lawsuit challenging Defendant’s final 

decision denying Plaintiff’s application for disability and disability insurance 

benefits and supplemental security income under the Social Security Act. On July 

22, 2014, the matter was referred to Magistrate Judge Mona K. Majzoub for all 

pretrial proceedings, including a hearing and determination of all non-dispositive 

matters pursuant to 28 U.S.C. § 636(b)(1)(A) and/or a report and recommendation 

(“R&R”) on all dispositive matters pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 

2.) The matter subsequently was transferred to a three-judge panel for 

consideration of a global stay and inquiry into Plaintiff’s counsel’s representation 

pursuant to Administrative Order 15-AO-033. 

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The matter was transferred back to the undersigned on October 19, 2015, 

pursuant to Administrative Order 15-AO-045. On November 24, 2015, this Court 

entered an order lifting the stay; and on January 12, 2016, Magistrate Judge 

Majzoub set a scheduling order for the parties to file summary judgment motions. 

(ECF Nos. 14, 16.) Plaintiff’s motion was due on or before February 12, 2016. 

(ECF No. 16.) Magistrate Judge Majzoub warned Plaintiff that a federal court may 

sua sponte dismiss a claim for failure to prosecute or comply with an order 

pursuant to Federal Rule of Civil Procedure 41(b) and Eastern District of Michigan 

Local Rule 41.2. (Id. at Pg ID 348.) 

Plaintiff has not filed a summary judgment motion and the deadline for 

doing so has passed. Therefore, on February 17, 2016, Magistrate Judge Majzoub 

entered an R&R in which she recommends that this Court dismiss Plaintiff’s 

lawsuit without prejudice for failure to prosecute pursuant to Local Rule 41.2. 

(ECF No. 17.) At the end of the R&R, Magistrate Judge Majzoub advises the 

parties that they may object to and seek review of the R&R within fourteen days of 

service upon them. (Id. at Pg ID 352.) She further specifically advises the parties 

that “[f]ailure to file specific objections constitutes a waiver of any further right to 

appeal.” (Id.) Neither party filed objections to the R&R. 

This Court has carefully reviewed the R&R and concurs with the 

conclusions reached by Magistrate Judge Majzoub. The Court therefore ADOPTS 

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the magistrate judge’s February 17, 2016 R&R and is DISMISSING WITHOUT 

PREJUDICE Plaintiff’s Complaint in this matter. 

SO ORDERED. 

 s/ Linda V. Parker 

 LINDA V. PARKER 

 U.S. DISTRICT JUDGE 

Dated: March 9, 2016 

I hereby certify that a copy of the foregoing document was mailed to counsel of 

record and/or pro se parties on this date, March 9, 2016, by electronic and/or U.S. 

First Class mail. 

 s/ Richard Loury 

 Case Manager 

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