Beler v. Commissioner of Social Security

C.D. Illinois

Beler v. Commissioner of Social Security

DecidedOctober 30, 2024

Docket3:23-cv-03153

StatusUnknown

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Beler v. Commissioner of Social Security, (C.D. Ill. 2024).

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION

McKindla B., ) ) Plaintiff, ) ) v. ) Case No. 3:23-cv-03153-CRL-KLM ) KILOLO KIJAKAZI, ) Acting Commissioner ) of Social Security, ) ) Defendant. )

REPORT AND RECOMMENDATION KAREN L. McNAUGHT, United States Magistrate Judge: This is a civil action under 42 U.S.C. §§405(g) and 1383(c)(3) for judicial review of the denial of plaintiff’s application for social security disability benefits under Titles II and XVI of the Social Security Act.1 This Court recommends the case be DISMISSED, without prejudice, pursuant to Fed. R. Civ. P. 41(b). See Link v. Wabash R. Co., 370 U.S. 626, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962)(hold- ing a Federal District Court's authority to dismiss sua sponte for lack of prose- cution is an inherent power and the rule authorizing involuntary dismissal on motion of party does not prohibit involuntary dismissal on court's own motion). On September 16, 2024, the Court noted plaintiff, a pro-se litigant, had failed to file a brief in support of her appeal, which was due on July 26, 2023. The Court gave plaintiff an extension of time and ordered her to file a brief by

1See 42 U.S.C. §405(g) (requiring the court to enter judgment upon the pleadings and transcript of the administrative record) and §1383(c)(3) (requiring the same). October 16, 2024. A copy of the order was conventionally mailed to the address plaintiff provided in her complaint. As of October 30, 2024, plaintiff has not filed a brief in support of her appeal. This was the second deadline by which plaintiff failed to abide.

CONCLUSION Because plaintiff has failed to comply with the Court’s orders, it is hereby recommended that this case be DISMISSED, without prejudice, for want of prosecution. The parties are advised any objection to this Report and Recommendation must be filed in writing with the Clerk within fourteen (14) days after service of this Report and Recommendation. FED. R. CIV. P. 72(b)(2); 28 U.S.C. §636(b)(1). Failure to object will constitute a waiver of objections on appeal. Johnson v. Zema

Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Lorentzen v. Anderson Pest Control, 64 F.3d 327, 330 (7th Cir. 1995).

Entered: October 30, 2024.

/s/ Karen L. McNaught KAREN L. McNAUGHT UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION

McKindla B., ) ) Plaintiff, ) ) v. ) Case No. 3:23-cv-03153-CRL-KLM ) KILOLO KIJAKAZI, ) Acting Commissioner ) of Social Security, ) ) Defendant. )

REPORT AND RECOMMENDATION KAREN L. McNAUGHT, United States Magistrate Judge: This is a civil action under 42 U.S.C. §§405(g) and 1383(c)(3) for judicial review of the denial of plaintiff’s application for social security disability benefits under Titles II and XVI of the Social Security Act.1 This Court recommends the case be DISMISSED, without prejudice, pursuant to Fed. R. Civ. P. 41(b). See Link v. Wabash R. Co., 370 U.S. 626, 82 S. Ct. 1386, 8 L. Ed. 2d 734 (1962)(hold- ing a Federal District Court's authority to dismiss sua sponte for lack of prose- cution is an inherent power and the rule authorizing involuntary dismissal on motion of party does not prohibit involuntary dismissal on court's own motion). On September 16, 2024, the Court noted plaintiff, a pro-se litigant, had failed to file a brief in support of her appeal, which was due on July 26, 2023. The Court gave plaintiff an extension of time and ordered her to file a brief by

1See 42 U.S.C. §405(g) (requiring the court to enter judgment upon the pleadings and transcript of the administrative record) and §1383(c)(3) (requiring the same). October 16, 2024. A copy of the order was conventionally mailed to the address plaintiff provided in her complaint. As of October 30, 2024, plaintiff has not filed a brief in support of her appeal. This was the second deadline by which plaintiff failed to abide.

CONCLUSION Because plaintiff has failed to comply with the Court’s orders, it is hereby recommended that this case be DISMISSED, without prejudice, for want of prosecution. The parties are advised any objection to this Report and Recommendation must be filed in writing with the Clerk within fourteen (14) days after service of this Report and Recommendation. FED. R. CIV. P. 72(b)(2); 28 U.S.C. §636(b)(1). Failure to object will constitute a waiver of objections on appeal. Johnson v. Zema

Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Lorentzen v. Anderson Pest Control, 64 F.3d 327, 330 (7th Cir. 1995).

Entered: October 30, 2024.

/s/ Karen L. McNaught KAREN L. McNAUGHT UNITED STATES MAGISTRATE JUDGE

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