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Leann Boggs v. Commissioner of Social Security

December 14, 2011

LEANN BOGGS, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



ORDER

This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Douglas Frazier, on November 28, 2011 (Doc. 9). In the Report and Recommendation, Judge Frazier recommends that this action be dismissed for failure to prosecute and for failure to serve the defendant in a timely manner. Neither party has objected to the Report and Recommendation and the time to do so has expired.

The Court is in agreement with the Magistrate that this case should be dismissed for want of prosecution and for failure to serve the defendant. See M.D.Fla. Local Rule 3.10(a); see also F.R.Civ.P. 4(m). Plaintiff has failed to comply with the Court's Orders, including failing to complete and return service forms from the May 11, 2011 Order (Doc. 7) and failing to respond to the Order to Show Cause issued on October 24, 2011 (Doc. 8). Thus, after careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects.

Accordingly, it is hereby ORDERED and ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge (Doc. 9) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.

2. This action is DISMISSED, without prejudice.

3. The Clerk is directed to terminate all deadlines, enter judgment accordingly, and close this case.

COPIES TO: COUNSEL OF RECORD

20111214

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