Quick v. Commissioner of Social Security

Filing 40

ORDER overruling 38 Objections and adopting 37 REPORT AND RECOMMENDATION; granting 25 and 33 MOTION to dismiss; dismissing case without prejudice; denying as moot all other pending motions; directing Clerk to close the file. Signed by Judge Timothy J. Corrigan on 5/31/2011. (MGG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

RICHARD LEE QUICK, JR.,
Plaintiff,
vs.

Case No. 3:10-cv-133-J-32JBT

MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.

ORDER
This case is before the Court on defendant’s Motions to Dismiss (Doc. 25 and 33) for
lack of subject matter jurisdiction and for failure to state a claim, and pro se plaintiff’s
responses thereto (Doc. 28 and 36). The assigned United States Magistrate Judge issued
a Report and Recommendation (Doc. 37), recommending that defendant’s Motions to
Dismiss be granted and that plaintiff’s case be dismissed without prejudice. Plaintiff filed
objections to the Report and Recommendation (Doc. 38) to which defendant responded
(Doc. 39).
Upon independent review of the file, and for the reasons stated in the Report and
Recommendation issued by the Magistrate Judge (Doc. 37), the Court finds plaintiff’s
objections are due to be overruled and the Report and Recommendation adopted as the
opinion of the Court. Accordingly, it is hereby
ORDERED:
1.

Plaintiff’s objections to the Report and Recommendation (Doc. 38) are

OVERRULED and the Report and Recommendation (Doc. 37) of the Magistrate Judge is
ADOPTED as the opinion of the Court.
2.

Defendant’s Motions to Dismiss (Doc. 25 and 33) are GRANTED.

3.

Plaintiff’s case is dismissed without prejudice.

4.

All other pending motions are denied as moot.

5.

The Clerk is directed to close the file.

DONE AND ORDERED at Jacksonville, Florida this 31st day of May, 2011.

s.
Copies:
Honorable Joel B. Toomey
United States Magistrate Judge
counsel of record
pro se plaintiff

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