Foster v. Social Security, Commissioner of

Filing 17

ORDER accepting 15 Report and Recommendation and Dismissing Case. Signed by District Judge George Caram Steeh. (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CASE NO. 16-CV-13306 HON. GEORGE CARAM STEEH DONNA FOSTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION (Doc. 15) AND DISMISSING CASE Pro se plaintiff Donna Foster filed suit seeking an award of Social Security disability benefits. The matter was referred to Magistrate Judge Steven Whalen for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Whalen has now issued his report and recommendation and recommends that this case be dismissed for plaintiff’s failure to exhaust her administrative remedies under 42 U.S.C. § 405(g). Plaintiff filed a letter with the court on May 15, 2017, which this court has construed as her objections to the report and recommendation, and which the court has duly considered. Plaintiff has not demonstrated that she exhausted her administrative remedies. -1- Accordingly, the court ACCEPTS the report and recommendation (Doc. 15) and DISMISSES the Complaint. Plaintiff may reapply for benefits at the administrative level. IT IS SO ORDERED. Dated: June 2, 2017 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on June 2, 2017, by electronic and/or ordinary mail and also on Donna Foster, 310 S. Harrison, Apt 705 Saginaw, MI 48602. s/Barbara Radke Deputy Clerk -2-

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