Pye v. Astrue

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 and GRANTING Defendant's 12 Motion to Dismiss Case/Lack of Jurisdiction without Prejudice. Plaintiff's Complaint to be construed as a request for review. Review of this claim shall be expedited by Dft at the Appeals Council level. Clerk of the Court to enter Judgment in this matter and close the file. Signed by Judge Cindy K Jorgenson on 4/1/09. (LSI, )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff, ) ) vs. ) MICHAEL J. ASTRUE, Commissioner ) ) of Social Security, ) ) Defendant. ) ANNETTE PYE, No. CV 07-685-TUC-CKJ (HCE) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

ORDER

On February 20, 2009, Magistrate Judge Hector C. Estrada issued a Report and Recommendation [Doc. #14] in which he recommended that Defendant's Motion to Dismiss [Doc. #12] be granted. No objections have been filed within the time provided by 28 U.S.C. § 636(b)(1). Accordingly, after an independent review, IT IS ORDERED: 1. 2. The Report and Recommendation [Doc. #14] is ADOPTED; Defendant's Motion to Dismiss [Doc. #12] is GRANTED. This matter is

DISMISSED WITHOUT PREJUDICE; 3. Plaintiff's Complaint shall be construed as a request for review. Further,

review of this claim shall be expedited by Defendant at the Appeals Council level; and 4. The Clerk of the Court shall enter judgment in this matter, and close its file.

DATED this 1st day of April, 2009.