Small v. Astrue

Filing 56

ORDER The recommendation 52 is correct. Defendants Motion to Dismiss 28 is GRANTED and the above action is DISMISSED. By Judge Lewis T. Babcock on 07/14/2009.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 08-cv-01864-LTB-KLM CHRISTINE SMALL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, U.S. Social Security Administration, Defendant. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on the Recommendation of the Magistrate Judge that Defendant's Motion to Dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) (Doc 28) be granted. The Plaintiff has filed timely specific written objections to the Magistrate Judge's recommendation. Defendant has filed its response to the objections. I have therefore considered the recommendation de novo in light of the file and record in this case. On de novo review, I conclude that the recommendation is correct. Accordingly IT IS ORDERED that Defendant's Motion to Dismiss (Doc 28) is GRANTED and the above action is DISMISSED. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge DATED: July 14, 2009 1

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