Sparks v. Brown et al (MAG+)

Filing 33

ORDER, JUDGMENT and DECREE of this Court: (1) the plf's objection 28 & 30 is OVERRULED; (2) ADOPTING 27 REPORT AND RECOMMENDATION of the Mag Judge; (3) the Commissioner's 20 motion to dismiss is GRANTED and this action is DISMISSED for lack of subject matter jurisdiction. Signed by Hon. Chief Judge Mark E. Fuller on 8/4/10. (djy, )

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S p a r k s v. Brown et al (MAG+) D o c . 33 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION F R A N K SPARKS, JR., P l a i n t if f , v. M IC H A E L J. ASTRUE, Commissioner o f Social Security, D e f e n d a n t. ) ) ) ) ) ) ) ) ) C A S E NO. 3:09-cv-1129-MEF (W O ) ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT, and D E C R E E of this Court: 1. T h e plaintiff's objection (Docs. # 28 & 30) to the Recommendation of the M a g is tra te Judge, filed on July 23, 2010, is OVERRULED. 2. T h e Recommendation of the Magistrate Judge (Doc. # 27), filed on July 12, 2 0 1 0 is ADOPTED. 3. T h e Commissioner's motion to dismiss (Doc. # 20) is GRANTED and this a c tio n is DISMISSED for lack of subject matter jurisdiction. DONE this the 4th day of August, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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