Cassidy v. Colvin
Filing
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ORDER dismissing Plaintiff's Complaint (Doc. 1 ). The Clerk of Court shall terminate the case. Signed by Magistrate Judge Eileen S Willett on 9/28/18. (EJA)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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James Cassidy,
No. CV-16-08286-PCT-ESW
Plaintiff,
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v.
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Commissioner
Administration,
ORDER
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of
Social
Security
Defendant.
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On November 29, 2016, Plaintiff filed his Complaint for Judicial Review,
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requesting “the opportunity to review the evidence that might provide a basis for even
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requesting reopening of the prior determination.” (Doc. 1 at 6). Specifically, Plaintiff
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sought an order from the Court requiring the Commissioner to answer the Complaint and
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file a certified copy of the entire record in the case. (Id. at 7). On August 8, 2018,
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Defendant filed her Answer (Doc. 20). On February 8, 2018, Defendant also filed Notice
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of Filing Supplemental Certified Administrative/Transcript of Record which included “a
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certified copy of the supplemental transcript of the record including the evidence upon
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which the findings and decision complained of are based.” (Doc. 33 at 1). On the basis of
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the record, Defendant requests the Court dismiss the case for lack of subject matter
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jurisdiction. (Doc. 34 at 8). Plaintiff indicates that he has received all the documentation
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underlying the prior denial of his disability application, and Plaintiff has no objection to
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dismissal of the case. (Doc. 35 at 1).
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For the reasons set forth in Defendant’s responsive briefing,
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IT IS ORDERED dismissing Plaintiff’s Complaint (Doc. 1). The Clerk of Court
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shall terminate the case.
Dated this 28th day of September, 2018.
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