(SS) Broyles v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREA NICOLE BROYLES, ) Case No.: 1:21-cv-0445 JLT BAM ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS DISMISSING THE 13 v. ) ACTION WITHOUT PREJUDICE FOR ) PLAINTIFF’S FAILURE TO PROSECUTE AND 14 COMMISSIONER OF SOCIAL SECURITY, ) FAILURE TO OBEY THE COURT’S ORDERS ) 15 Defendant. ) (Doc. 27) ) 16 17 Andrea Nicole Broyles initiated this action by filing a complaint for a judicial review of 18 administrative decision denying his application for Social Security benefits. (Doc. 1.) Because 19 Plaintiff failed to comply with orders of the Court following the withdrawal of counsel and has not 20 taken any action to prosecute the matter, the assigned magistrate judge recommended the action be 21 dismissed on January 27, 2022. (Doc. 27.) 22 The Court granted Plaintiff 14 days from the date of service to file objections to the Findings 23 and Recommendations. (Doc. 27 at 4.) In addition, Plaintiff was “advised that failure to file 24 objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 25 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394 26 (9th Cir. 1991).) However, she did not file objections. 27 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United 28 School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court conducted a de novo review of the case. 1 || Having carefully reviewed the matter, the Court finds the Findings and Recommendations are 2 || supported by the record and proper analysis. Based upon the foregoing, the Court ORDERS: 3 1. The Findings and Recommendations dated January 27, 2022 (Doc. 27) are ADOPTEI 4 IN FULL. 5 2. Plaintiff's complaint is DISMISSED without prejudice; and 6 3. The Clerk of Court is DIRECTED to close this action, because this Order terminates 7 the matter in its entirety. 8 9 || IT IS SO ORDERED. 10 | Dated: _ February 22, 2022 ( LAW ph L. wary 11 TED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28