1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

BRANDY TAYLOR, on 

behalf of her minor son, 

Theodore Haile, Jr. 

Plaintiff, CIVIL ACTION NO. 14-CV-13893 

vs. DISTRICT JUDGE SEAN F. COX 

MAGISTRATE JUDGE MONA K. MAJZOUB 

COMMISSIONER OF 

SOCIAL SECURITY, 

Defendant. 

___________________________________________/ 

REPORT AND RECOMMENDATION 

Plaintiff Brandy Taylor seeks judicial review of Defendant the Commissioner of Society 

Security’s determination that her minor son, Theodore Haile, Jr., is not entitled to Social Security 

benefits for his physical and mental impairments under 42 U.S.C. § 405(g). (Docket no. 1.) The 

matter has been referred to the undersigned for a report and recommendation pursuant to 28 U.S.C. 

§ 636(b)(1)(B). (Docket no. 4.) 

I. Recommendation 

For the reasons discussed herein, the undersigned recommends that this matter be 

dismissed, without prejudice, for failure to prosecute pursuant to E.D. Mich. Local Rule 41.2. 

II. Discussion 

On December 24, 2014, this Court issued a scheduling order requiring Plaintiff to file her 

motion for summary judgment on or before February 6, 2015. (Docket no. 13). The Order was 

served on the parties the same day. Plaintiff did not file a Motion for Summary Judgment and did 

2:14-cv-13893-SFC-MKM Doc # 17 Filed 04/30/15 Pg 1 of 3 Pg ID 392
2 

not make any attempt to seek an extension. On February 12, 2015, the Court issued Order To 

Show Cause for Plaintiff to respond on or before March 13, 2015, and explain why she failed to 

comply with the scheduling order, or, in the alternative, file her Motion for Summary Judgment. 

(Docket no. 16). Plaintiff was notified that the “[f]ailure to respond . . . by March 13, 2015, may 

result in the dismissal of this case.” (Docket no. 16). Again, the Order was served on Plaintiff 

and Defendant’s counsel of record. 

To date, Plaintiff has not responded to the Court’s Order. Plaintiff has filed nothing with 

the Court since her initial Complaint and Application to Proceed In Forma Pauperis (Docket nos, 1 

and 2). 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.”). 

Accordingly, the Court recommends 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 

2:14-cv-13893-SFC-MKM Doc # 17 Filed 04/30/15 Pg 2 of 3 Pg ID 393
3 

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: April 30, 2015 s/ Mona K. Majzoub 

 MONA K. MAJZOUB 

UNITED STATES MAGISTRATE JUDGE 

PROOF OF SERVICE 

I hereby certify that a copy of this Report and Recommendation was served on counsel of 

record on this date. 

Dated: April 30 2015 s/Jane Johnson for 

Lisa Bartlett, Case Manager 

2:14-cv-13893-SFC-MKM Doc # 17 Filed 04/30/15 Pg 3 of 3 Pg ID 394