REPORT AND RECOMMENDATION PLAINTIFF'S COMPLAINT BE DISMISSED FOR FAILURE TO PROSECUTE
Noting: March 24, 2017
DAVID W. CHRISTEL, Magistrate Judge.
The District Court has referred this action, filed pursuant to 42 U.S.C. § 405(g), to United States Magistrate Judge David W. Christel. Plaintiff William Allen Vanderslice, proceeding pro se, filed this action on September 16, 2016. Dkt. 1. On December 6, 2016, Defendant filed an Answer to the Complaint. Dkt. 10. The Court issued a Scheduling Order ordering Plaintiff to file an opening brief by January 3, 2017. Dkt. 11. The Court issued an Amended Scheduling order on January 4, 2017, ordering Plaintiff to file an opening brief by February 2, 2017.
Plaintiff has not filed an opening brief or otherwise responded to the Court's February 15, 2017 Order. As Plaintiff has failed to file an opening brief and prosecute this case, the undersigned recommends the Court dismiss this case without prejudice.
Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on March 24, 2017, as noted in the caption.