Doucette v. SSA

Filing 11

MEMORANDUM OPINION AND ORDER: 1. parties are put on NOTICE that dft's motion to dismiss under Rule 12(b)(6) 5 will be converted to a motion for summary judgment under Rule 56. 2. pla has until Monday, October 17, 2016, to make any supplemental filing in record. Signed by Judge Danny C. Reeves on 10/11/2016. (RCB)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
(at Pikeville)
DANIEL L. DOUCETTE,
Plaintiff,
V.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Civil Action No. 7: 16-75-DCR

MEMORANDUM OPINION
AND ORDER

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This matter is pending for consideration of the Commissioner’s Motion to Dismiss
pursuant to Federal Rule of Civil Procedure 12(b)(6). [Record No. 5] In support, the
Commissioner has provided exhibits, which include declarations of a Social Security
Administration official and portions of the plaintiff’s administrative record. If, on a 12(b)(6)
motion, “matters outside the pleading are presented to and not excluded by the court, the
motion shall be treated as one for summary judgment.” CGH Transp., Inc. v. Quebecor World,
Inc., 261 F. App’x 817, 822 (6th Cir. 2008); see also Fed. R. Civ. P. 12(d). Accordingly, it is
hereby
ORDERED as follows:
1.

The parties are put on NOTICE that the defendant’s motion to dismiss under

Rule 12(b)(6) [Record No. 5] will be converted to a motion for summary judgment under Rule
56.
2.

The plaintiff has until Monday, October 17, 2016, to make any supplemental

filing in the record.
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This 11th day of October, 2016.

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