Gonzalez v. Commissioner, Social Security Administration

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

No. 6:20-cv-00432

Maria Raquel Gonzalez,

Plaintiff,

V.

Commissioner, Social Security Administration, Defendant.

ORDER

Plaintiff Maria Raquel Gonzalez filed this action pursuant to 42 U.S.C. § 405(g) for judicial review of the defendant's de- nial of her application for benefits. Doc. 1. The case was re- ferred to United States District Judge K. Nicole Mitchell pur- suant to 28 U.S.C. § 636(b). Doc. 2.

On November 9, 2020, the magistrate judge ordered plain- tiff to show cause within ten days why this action should not be dismissed without prejudice for failure to timely effect ser- vice. Doc. 7. Plaintiff did not file a response. Accordingly, the magistrate judge issued a report on January 13, 2021, recom- mending dismissal of the complaint without prejudice for failure to prosecute. Doc. 8. Plaintiff did not object to the re- port and recommendation.

When a party fails to object to a magistrate judge’s report, the court reviews the record only for clear error. See Douglass v. United Servs. Auto, Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having reviewed the magistrate judge’s report, and being sat- isfied that it contains no clear error, the court accepts its find- ings and recommendation. This action is dismissed without prejudice.

So ordered by the court on January 29, 2021.

J “CAMPBELL BARKER

United States District Judge