Toston v. Social Security Administration

Filing 10

JUDGMENT ADOPTING re 9 Report and Recommendation. IT IS ORDERED, ADJUDGED, AND DECREED that the 6 Motion to Dismiss for Lack of Jurisdiction, filed by Defendant, Carolyn W. Colvin, Commissioner, Social Security Administration, is hereby DENIED, but that her alternative 6 Motion for Summary Judgment, is hereby GRANTED, dismissing with prejudice Plaintiff's complaint, in its entirety, as time-barred. Signed by Judge Robert G James on 3/12/14. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
LILLIAN J. TOSTON

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CIVIL ACTION NO. 13-2767

VERSUS

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JUDGE ROBERT G. JAMES

CAROLYN W. COLVIN, ACTING
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

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MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no
objections thereto having been filed, and finding that same is supported by the law and the record
in this matter,
IT IS ORDERED, ADJUDGED, AND DECREED that the motion to dismiss for lack of
subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), [doc. # 6], filed by Defendant, Carolyn W.
Colvin, Commissioner, Social Security Administration, is hereby DENIED, but that her
alternative motion for summary judgment [doc. # 6] is hereby GRANTED, dismissing with
prejudice Plaintiff’s complaint, in its entirety, as time-barred. Fed.R.Civ.P. 56.
THUS DONE AND SIGNED in chambers, this 12th day of March 2014, Monroe,
Louisiana.