Cassidy v. Colvin

Filing 36

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)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 James Cassidy, No. CV-16-08286-PCT-ESW Plaintiff, 10 11 v. 12 Commissioner Administration, ORDER 13 14 of Social Security Defendant. 15 16 On November 29, 2016, Plaintiff filed his Complaint for Judicial Review, 17 requesting “the opportunity to review the evidence that might provide a basis for even 18 requesting reopening of the prior determination.” (Doc. 1 at 6). Specifically, Plaintiff 19 sought an order from the Court requiring the Commissioner to answer the Complaint and 20 file a certified copy of the entire record in the case. (Id. at 7). On August 8, 2018, 21 Defendant filed her Answer (Doc. 20). On February 8, 2018, Defendant also filed Notice 22 of Filing Supplemental Certified Administrative/Transcript of Record which included “a 23 certified copy of the supplemental transcript of the record including the evidence upon 24 which the findings and decision complained of are based.” (Doc. 33 at 1). On the basis of 25 the record, Defendant requests the Court dismiss the case for lack of subject matter 26 jurisdiction. (Doc. 34 at 8). Plaintiff indicates that he has received all the documentation 27 underlying the prior denial of his disability application, and Plaintiff has no objection to 28 dismissal of the case. (Doc. 35 at 1). 1 For the reasons set forth in Defendant’s responsive briefing, 2 IT IS ORDERED dismissing Plaintiff’s Complaint (Doc. 1). The Clerk of Court 3 4 shall terminate the case. Dated this 28th day of September, 2018. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?