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Hults v. Commissioner of Social Security Administration

United States District Court, D. Oregon

February 20, 2015

SUSAN DIANE HULTS, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

OPINION AND ORDER

MICHAEL J. McSHANE, District Judge.

Magistrate Judge Thomas M. Coffin issued a Findings and Recommendation (F & R) on December 8, 2014, in which he recommended that this Court dismiss plaintiffs complaint for failure to comply with a court order and failure to prosecute. The matter is now before this Court. 28 U.S.C. ยง 636(b)(1)(B); Fed.R.Civ.P. 72(b).

Because no objections to the F & R were timely filed, this Court reviews only the legal principles de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane); see also United States v. Bernhardt, 840 F.2d 1441, 1444-45 (9th Cir. 1988) (citations omitted). Upon review, this Court finds no error in Judge Coffin's F & R, ECF No.9. As indicated by Judge Coffin, plaintiff failed to provide original summons to the Clerk of Court, or in the alternative, provide proof of service upon defendant.

CONCLUSION

This Court ADOPTS Judge Coffin's F & R, ECFNo. 9, in full. Accordingly, this matter is dismissed for failure to comply with a court order and failure to prosecute.

IT IS SO ORDERED.


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