Krehmeyer v. Astrue

Filing 8

ORDER granting Defendant's 5 Motion to Dismiss. Case is dismissed with prejudice for failure to exhaust administrative remedies. Complaint shall be considered timely filed request for further administrative review by Appeals Council. Signed by Judge John L. Kane on 2/8/08.(gms, )

Krehmeyer v. Astrue

Doc. 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 07-cv-2407-AP MARY L. KREHMEYER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER Kane, J. This matter is before the Court on Defendant's Motion to Dismiss Plaintiff's Complaint, Without Prejudice, for Failure to Exhaust Administrative Remedies (doc. #5), filed January 28, 2008, and the Unopposed Response thereto. The Motion is GRANTED. This case is DISMISSED WITH PREJUDICE for failure to exhaust administrative remedies. The complaint filed with this Court shall be considered a timely filed request for further administrative review of Plaintiff's underlying claims by the Appeals Council for the Social Security Administration. Dated this 8th day of February, 2008. BY THE COURT: S/John L. Kane John L. Kane, Senior Judge United States District Court

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