Wright v. Social Security, Commissioner of

Filing 10

ORDER adopting 6 Report and Recommendation, granting 4 Motion to dismiss, and dismissing case without prejudice. Signed by District Judge Arthur J Tarnow. (DPer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CURTIS R. WRIGHT, Case No. 09-14257 Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION [6], GRANTING DEFENDANT'S MOTION TO DISMISS [4], and DISMISSING THE CASE WITHOUT PREJUDICE On May 12, 2010, the Magistrate Judge issued a Report and Recommendation [6] recommending that Defendant's Motion to Dismiss [4] be granted, and that the case be dismissed without prejudice to Plaintiff's right to file a timely complaint after full exhaustion of his administrative remedies. Neither party filed objections to the Report and Recommendation. However, Plaintiff requested [7] and received [8] a stay of this action until July 30, 2010, citing the parties' efforts to schedule a hearing before an Administrative Law Judge ("ALJ"). In a Supplemental Brief [9] filed on August 3, 2010, Defendant represents to the Court that this matter proceeded to an administrative hearing on June 10, 2010, and that the ALJ's decision is now pending. See Def.'s Supp. Br. at 3. The Court has reviewed the record in this case. It is apparent that Plaintiff has not obtained a final decision that can be subjected to judicial review. See 20 C.F.R. §§ 404.981, 422.210. Thus, the Court has no subject matter jurisdiction over the action. Therefore, the Court being fully advised in the premises, The Report and Recommendation [6] of the Magistrate Judge is hereby ADOPTED, and is entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Defendant's Motion to Dismiss [4] is GRANTED. DISTRICT JUDGE ARTHUR J. TARNOW MAGISTRATE JUDGE R. STEVEN WHALEN

This case is hereby DISMISSED WITHOUT PREJUDICE. In the event of an unfavorable final decision below, Plaintiff may file a timely complaint after full exhaustion of his administrative remedies. SO ORDERED.

S/ARTHUR J. TARNOW Arthur J. Tarnow Senior United States District Judge Dated: August 14, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 14, 2010, by electronic and/or ordinary mail. S/LISA M. WARE Case Manager