United States District Court, C.D. Illinois, Rock Island Division
JAMES M. SHAW, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
DARROW, UNITED STATES DISTRICT JUDGE
the Court is Defendant's motion to dismiss, ECF No. 11,
and the Magistrate Judge's Report and Recommendation
recommending that the motion to dismiss be granted and that
Plaintiff's case be dismissed without prejudice, ECF No.
14. For the following reasons, the Report and Recommendation
is ADOPTED, Defendant's motion to dismiss is GRANTED, and
Plaintiff's case is DISMISSED WITHOUT PREJUDICE.
April 6, 2017, Plaintiff Shaw, proceeding pro se, filed a
Complaint alleging he had “been discriminated against
by SSA.” Report and Recommendation (hereafter
“R&R”) 1. Shaw further alleges: “S.S.
ripped me off claim I'm not disabled.” Compl. 19,
ECF No. 1. Defendant Commissioner of Social Security filed a
motion to dismiss under Federal Rule of Civil Procedure
12(b)(6) arguing that the Complaint fails to make any
allegations showing Plaintiff is entitled to relief. ECF No.
11. Plaintiff did not respond to Defendant's motion to
Magistrate Judge concluded that Plaintiff's Complaint
fails to state a claim upon which relief can be granted.
R&R 1. The Complaint does not allege facts in support of
Plaintiff's allegations, even when viewed in the light
most favorable to Plaintiff. R&R 1. The Magistrate Judge
recommended that the Complaint be dismissed without
prejudice. Id. at 2. The Magistrate Judge also
recommended that Plaintiff be given fourteen days to file an
amended complaint that complies with Federal Rule of Civil
Procedure 8 and, if he fails to do so, the dismissal be
converted to one with prejudice. Id. Neither party
filed an objection to the Report and Recommendation within
fourteen days. See Fed. R. Civ P. 72(b)(2).
Court may accept, reject, or modify the findings or
recommendations of the Magistrate Judge in a report and
recommendation. Fed.R.Civ.P. 72(b)(3). The Court must review
de novo the portions of the report to which objections are
made. Id. The Court reviews all other portions of
the report for clear error. See Johnson v. Zema Sys.
Corp., 170 F.3d 734, 739 (7th Cir. 1999).
reviewing Defendant's motion to dismiss, the Magistrate
Judge's role was to evaluate the sufficiency of the
allegations in Plaintiff's complaint. A complaint must
contain “a short and plain statement of the claim
showing that the pleader is entitled to relief, ”
Fed.R.Civ.P. 8(a)(2), and “give the defendant fair
notice of what the . . . claim is and the grounds upon which
it rests.” Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355
U.S. 41, 47 (1957)) (quotation marks omitted). The claim must
be facially plausible: the factual allegations must allow the
court to draw a “reasonable inference that the
defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
complaint need not “allege all, or any, of the facts
logically entailed by the claim.” Tamayo v.
Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008)
(quoting Bennett v. Schmidt, 153 F.3d 516, 518 (7th
Cir. 1998)) (quotation marks omitted) (italics omitted).
“[A]ll well-pleaded allegations of the complaint [are
taken] as true and view[ed] . . . in the light most favorable
to the plaintiff.” Zimmerman v. Tribble, 226
F.3d 568, 571 (7th Cir. 2000).
Court finds that the Magistrate Judge's Report and
Recommendation does not contain clear error. See
Zema, 170 F.3d at 739. After careful and independent
review, the Court concurs with the recommendation of the
Magistrate Judge for the reasons set forth in his Report and
Recommendation. See Schur v. L.A. Weight Loss Ctrs.,
Inc., 577 F.3d 752, 760 (7th Cir. 2009) (“If no
party objects to the magistrate judge's action, the
district judge may simply accept it.”). If Plaintiff is
seeking to appeal a decision by the Social Security
Administration, Plaintiff's complaint was insufficient
because it did not identify the decision being appealed,
assert that he has exhausted his administrative remedies, or
demonstrate that he has timely sought judicial
the Report and Recommendation of the Magistrate Judge, ECF
No. 14, is ADOPTED. Defendant's Motion to Dismiss, ECF
No. 11, is GRANTED. Plaintiff's case is hereby DISMISSED
WITHOUT PREJUDICE. Plaintiff is given leave to file an
amended complaint within fourteen days of the entry of this
order. Should he fail to do so, Plaintiff's case will be
dismissed with prejudice. Accordingly, the Court finds as
moot Plaintiff's motion for status, ECF No. 17.
 Plaintiff filed a slew of documents
that possibly indicate Plaintiff's application for
benefits was denied. ECF No. 16. This deluge does not satisfy