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)

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.
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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

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