Filing 13

REPORT AND RECOMMENDATION re 11 MOTION to Dismiss filed by MICHAEL J ASTRUE : It is recommended that Defendants motion to dismiss (doc. 11 ) be GRANTED. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 9/29/2008. Internal deadline for referral to district judge if objections are not filed earlier: 10/27/2008. (kdm)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION MICHAEL C. CARTER, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. / REPORT AND RECOMMENDATION Defendant moves to dismiss this complaint because the judicial review sought, pursuant to 42 U.S.C. 405(g), is also being pursued in Case No. 1:06cv185-MP/AK. The earlier filed lawsuit is the proper case to proceed because that case had been remanded and consolidated with an earlier application and the present complaint is unnecessary. Plaintiff has no objection to the motion to dismiss. Accordingly, it is RECOMMENDED that Defendant's motion to dismiss (doc. 11) be GRANTED. IN CHAMBERS at Gainesville, Florida, this 29th day of September, 2008. CASE NO. 1:08CV150-MP/AK s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE Page 2 of 2 NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations. No. 5:05CV148-SPM/AK

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