Filing 35

ORDER ON DEFENDANTS MOTION TO DISMISS granting 28 Motion to Dismiss for Lack of Jurisdiction By JUDGE D. BROCK HORNBY. (jib)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE THEODORE HEINEMANN, PLAINTIFF V. NANCY A. BERRYHILL, ACTING COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, DEFENDANT ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:16-CV-460-DBH ORDER ON DEFENDANT’S MOTION TO DISMISS The defendant’s motion to dismiss for failure to exhaust administrative remedies is GRANTED.1 SO ORDERED. DATED THIS 27TH DAY OF FEBRUARY, 2017 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE I waited extra time before ruling to allow the plaintiff an opportunity to respond, given his change of address, and the Commissioner’s re-mailing of the motion to him on January 26, 2017. (ECF No. 32). 1

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