Jerry v. Social Security, Commissioner of

Filing 9

ORDER granting 5 Motion to Dismiss; adopting 8 Report and Recommendation. Signed by District Judge Arthur J. Tarnow. (MLan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

GIAQUETTA N. JERRY,
Case No. 13-12065
Plaintiff,
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION [8] AND GRANTING
DEFENDANT’S MOTION TO DISMISS [5]

Plaintiff initiated this lawsuit on May 9, 2013, seeking judicial review of an
Administrative Law Judge’s denial of her application for disability benefits. On
July 16, 2013, Defendant filed a Motion to Dismiss [Dkt. #5], arguing that the case
must be dismissed as untimely filed. On September 13, 2013, Magistrate Judge
Mark A. Randon issued a Report and Recommendation [8],1 recommending that
the Court grant Defendant’s Motion to Dismiss. Plaintiff filed no objection to the
Report and Recommendation. Indeed, Plaintiff may have abandoned the case. As

1

On April 10, 2014, this case was reassigned from Magistrate Judge Randon to
Magistrate Judge R. Steven Whalen.
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noted in the Report and Recommendation, Plaintiff did not appear for oral
argument when instructed to do so, and her counsel informed the Court that
counsel did not know Plaintiff’s whereabouts and had been unable to contact her.
The Court having reviewed the record,
IT IS ORDERED that the Report and Recommendation [8] is ADOPTED
and entered as the findings and conclusions of the Court.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss [5] is
GRANTED.
SO ORDERED.

Dated: March 14, 2016

s/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge

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