Wichelman v. Social Security Administration

Filing 43

ORDER signed by District Judge Kimberly J. Mueller on 09/29/2017. ADOPTING the Findings and Recommendations 39 ; GRANTING Defendant's Motion to Dismiss 21 ; DISMISSING the complaint without leave to amend; and DENYING all pending motions as moot. (Andrews, P)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KARL WICHELMAN,

12
13
14
15
16

No. 2:16-cv-1123 KJM-EFB PS

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

17
18

On September 1, 2017, the magistrate judge filed findings and recommendations, which

19

were served on the parties and which contained notice that any objections to the findings and

20

recommendations were to be filed within fourteen days. Despite an extension of time granted to

21

plaintiff, no objections were filed.

22
23

The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

24

Accordingly, IT IS ORDERED that:

25

1. The proposed Findings and Recommendations filed September 1, 2017, are

26

ADOPTED.

27

2. Defendant’s motion to dismiss (ECF No. 21) is granted.

28

3. Plaintiff’s complaint is dismissed without leave to amend.

1

4.

2

5. The Clerk is directed to close this case.

3

All pending motions are denied as moot.

DATED: September 29, 2017.

4
5
6

UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2