Calhoun v. Social Security Administration Commissioner

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Motion to Dismiss Case, Motion for Order to Show Cause filed by Social Security Administration Commissioner, 9 Report and Recommendations; granting 7 MOTION to Dismiss Case Alternatively, Motion to Show Cause MOTION for Order to Show Cause filed by Social Security Administration Commissioner. Plaintiff's case is dismissed without prejudice. Signed by Honorable Harry F. Barnes on June 18, 2010. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

STEVEN H. CALHOUN

PLAINTIFF

vs.

Civil No. 4:09-cv-04129

MICHAEL J. ASTRUE Commissioner, Social Security Administration

DEFENDANT

ORDER Before the Court is the Report and Recommendation filed on May 26, 2010 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (Doc. No. 9). Judge Bryant recommends that Defendant's Motion to Dismiss (Doc. No. 7) be granted. Plaintiff has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). The Court has reviewed this case, and being well and sufficiently advised, finds the Report and Recommendation is proper and should be adopted in its entirety. Accordingly, the Court hereby adopts the Report and Recommendation, and finds that Defendant's Motion to Dismiss (Doc. No. 7) should be and hereby is granted. Plaintiff's case is dismissed without prejudice. IT IS SO ORDERED, this 18th day of June, 2010. /s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge