Mitchell v. Social Security Commissioner

Filing 16

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS entered re: 12 Memorandum and Recommendations, GRANTING 2 MOTION to Dismiss Plaintiff's Petition. This court finds that plaintiff has failed to exhaust her administrative remedies and that a waiver of exhaustion requirement is not justified. This action is dismissed with prejudice. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION KIMBERLY NECOLE MITCHELL, Plaintiff, v. SOCIAL SECURITY DEPT., Defendant. § § § § § § § § § § CIVIL ACTION NO. H-12-2402 ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND GRANTING MOTION TO DISMISS The proper defendant in this case is Michael J. Astrue, Commissioner of the Social Security Administration. This court has reviewed the Memorandum and Recommendation issued by Magistrate Judge Milloy on November 13, 2012, granting the defendant’s motion to dismiss for failure to exhaust, and made a de novo determination. Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. § 636(b)(1)(C); United States v. Wilson, 864 F.2d 1219 (5th Cir. 1989). Based on the pleadings, the record, and the applicable law, this court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This court finds and concludes that the plaintiff has failed to exhaust her administrative remedies and that a waiver of the exhaustion requirement is not justified. This action is dismissed, with prejudice. This is a final judgment. SIGNED on December 5, 2012, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge