Quick v. Commissioner of Social Security

Filing 41

ORDER adopting 38 REPORT AND RECOMMENDATION re 16 MOTION to dismiss Complaint and 37 REPORT AND RECOMMENDATION re 31 MOTION to transfer case; dismissing the complaint without prejudice; directing the Clerk to close the file; See Order for details. Signed by Judge Timothy J. Corrigan on 8/23/2012. (MGG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

RICHARD LEE QUICK, III,
Plaintiff,
vs.

Case No. 3:12-cv-76-J-32JBT

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER
This case is before the Court on pending motions, which the Magistrate Judge took
under consideration and rendered Reports and Recommendations. The first Report and
Recommendation (Doc. 37) recommended that the plaintiff’s Motion to Transfer Case (Doc.
31) be denied; the second Report and Recommendation (Doc. 38) recommended that the
defendant’s Motion to Dismiss (Doc. 16) be granted. No objections were filed and the time
in which to do so has passed. After the Reports and Recommendations were entered,
defendant filed a status report advising the Court that defense counsel had attempted to
assist plaintiff with arrangements to reopen his prior applications, but plaintiff is apparently
incarcerated at this time. (Doc. 40). Accordingly, upon review of the entire file, it is hereby
ORDERED:
1.

The Reports and Recommendations (Docs. 37 and 38) are ADOPTED as the

opinions of the Court.
2.

Plaintiff’s Motion to Transfer (Doc. 31) is DENIED.

3.

Defendant’s Motion to Dismiss (Doc. 16) is GRANTED.

4.

Plaintiff’s Complaint is hereby DISMISSED WITHOUT PREJUDICE to plaintiff

filing suit once he has exhausted his administrative remedies.
5.

The Clerk shall close the file.

DONE AND ORDERED at Jacksonville, Florida this 23rd day of August, 2012.

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

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