Bell v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/6/12; On October 21, 2011, this court ordered that defendant's motion to dismiss would be granted on the condition that the Commissioner file proof that it had sent plaintiff its promised underpayment. That order outlined the basis for granting the motion to dismiss. (Dkt. no. 24.) The Commissioner has now filed proof that it processed an underpayment in the amount of $4,439.66 to plaintiff's bank account. Accordingly, for the reasons stated in this courts order filed October 21, 2011, IT IS ORDERED that: Defendant's motion to dismiss, filed May 31, 2011 (dkt. no. 14), is granted. Civil Case Terminated. CASE CLOSED(Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY BELL,

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Plaintiff,
vs.

No. CIV. S-10-2529 GGH

MICHAEL J. ASTRUE,
Defendant.

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ORDER
/

On October 21, 2011, this court ordered that defendant’s motion to dismiss would be

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granted on the condition that the Commissioner file proof that it had sent plaintiff its promised

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underpayment. That order outlined the basis for granting the motion to dismiss. (Dkt. no. 24.) The

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Commissioner has now filed proof that it processed an underpayment in the amount of $4,439.66 to

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plaintiff’s bank account.

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Accordingly, for the reasons stated in this court’s order filed October 21, 2011, IT IS

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ORDERED that: Defendant’s motion to dismiss, filed May 31, 2011 (dkt. no. 14), is granted.

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Dated: February 6, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076/Bell2529.fr.wpd

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