Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
BUDDY G., 1
Plaintiff,
Civil Action 3:25‒cv‒00061
v. 	Judge Thomas M. Rose
Magistrate Judge Elizabeth P. Deavers
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
REPORT AND RECOMMENDATION
This matter comes before the Court sua sponte. On January 14, 2026, the Court issued a
Show Cause Order regarding Plaintiff’s Suggestion of Death (ECF No. 11) and the expiration of
the 90-day period set forth in Federal Rule of Civil Procedure 25(a).2 (ECF No. 12.) The Court
required Plaintiff to show cause as to why the Court should not dismiss this case. (Id.) Plaintiff
failed to comply with the Court’s Order. To date, neither party has moved the Court for a
substitution pursuant to Rule 25(a). Accordingly, the Undersigned RECOMMENDS that the
Court DISMISS this case under Rule 25(a).
PROCEDURE ON OBJECTIONS
If any party seeks review by the District Judge of this Report and Recommendation, that
party may, within 14 DAYS, file and serve on all parties any objections to the Report and
1 Pursuant to General Order 22-01, due to significant privacy concerns in social security cases,
any opinion, order, judgment or other disposition in social security cases in the Southern District
of Ohio shall refer to plaintiffs only by their first names and last initials.
2 “If a party dies and the claim is not extinguished, the court may order substitution of the proper
party. A motion for substitution may be made by any party or by the decedent’s successor or
representative. If the motion is not made within 90 days after service of a statement noting the
death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a).
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2
Recommendation, specifically designating this Report and Recommendation, and the part in
question, as well as the basis for objection. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
Response to objections must be filed within 14 DAYS after being served with a copy. Fed. R.
Civ. P. 72(b).
The parties are specifically advised that the failure to object to the Report and
Recommendation will result in a waiver of the right to de novo review of by the District Judge
and waiver of the right to appeal the judgment of the District Court. Even when timely
objections are filed, appellate review of issues not raised in those objections is waived. Robert v.
Tesson, 507 F.3d 981, 994 (6th Cir. 2007) (“[A] general objection to a magistrate judge’s report,
which fails to specify the issues of contention, does not suffice to preserve an issue for
appeal . . . .” (citation omitted)).
IT IS SO ORDERED.
/s/ Elizabeth A. Preston Deavers
Date: February 2, 2026 	ELIZABETH A. PRESTON DEAVERS
UNITED STATES MAGISTRATE JUDGE
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