Emmanual Dhaker v. Commissioner of Social Security

Summary

The United States District Court for the Northern District of Ohio adopted a magistrate judge’s Report and Recommendation and dismissed Emmanual Dhaker’s action against the Commissioner of Social Security without prejudice. The dismissal was based on failure to comply with court orders requiring disclosure of the plaintiff’s Social Security number and failure to prosecute. No objections to the Report and Recommendation were filed.

Holdings

1. When no timely objections are filed, the district court need only determine that there is no clear error on the face of the record before accepting the magistrate judge's recommendation.
2. An action may be dismissed without prejudice when the plaintiff fails to comply with repeated court orders and fails to prosecute the action.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no objections were filed.
2. Whether the action should be dismissed without prejudice for failure to comply with court orders and failure to prosecute.

Disposition

dismissed