VALLIERE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
Filing
17
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 11 Motion to Dismiss for Lack of Jurisdiction and [14 Report and Recommendations By JUDGE JON D. LEVY. (akr)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DAWN BERRY VALLIERE,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social
Security
Defendant.
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2:17-cv-00189-JDL
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
This case concerns a social security disability appeal by Plaintiff Dawn Berry
Valliere of her denied application for supplemental security income benefits.
Defendant Nancy A. Berryhill, Acting Commissioner of Social Security, has moved to
dismiss Valliere’s complaint as untimely under 42 U.S.C. § 405(g).
The United States Magistrate Judge, John H. Rich III, filed his Report and
Recommended Decision (ECF No. 14) with the court on October 29, 2017, pursuant
to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b), recommending
that the motion to dismiss be granted. The Plaintiff filed an Objection to the Report
and Recommended Decision (ECF No. 15) on November 9, 2017, and the Defendant
filed a Response to the Plaintiff's Objection (ECF No. 16) on November 15, 2017.
I have reviewed and considered the Magistrate Judge’s Report and
Recommended Decision, together with the entire record, and have made a de novo
determination of all matters it adjudicated. I concur with the Magistrate Judge’s
conclusions as set forth in the Recommended Decision and determine that no further
proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ACCEPTED. The Commissioner’s decision is AFFIRMED and the
Motion to Dismiss (ECF No. 11) is GRANTED.
SO ORDERED.
Dated this 18th day of December, 2017.
/s/ JON D. LEVY
U.S. DISTRICT JUDGE
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