Jarrell v. Commissioner of Social Security

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations, granting 15 Motion to Dismiss filed by Commissioner of Social Security Signed by District Judge Louis Guirola, Jr. on 12/19/2017 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
ROGER DALE JARRELL
v.

PLAINTIFF
CAUSE NO. 1:16CV427-LG-LRA

COMMISSIONER OF
SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
BEFORE THE COURT is the Report and Recommendation [17] entered by
United States Magistrate Judge Linda R. Anderson. Judge Anderson recommends
that the Motion to Dismiss [15] filed by the Commissioner of Social Security should
be granted and that the social security appeal filed by Roger Dale Jarrell should be
dismissed with prejudice as untimely. Jarrell has not filed an objection to the
Report and Recommendation.
Where no party has objected to the Magistrate Judge=s report and
recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. '
636(b)(1) (AA judge of the court shall make a de novo determination of those portions
of the report or specified proposed findings and recommendations to which objection
is made.@) In such cases, the Court need only satisfy itself that there is no clear
error on the face of the record. Douglass v. United Serv. Auto Ass=n, 79 F.3d 1415,
1420 (5th Cir. 1996).
Having conducted the required review, the Court finds that Judge Anderson’s
Report and Recommendation is neither clearly erroneous nor contrary to law.
Therefore, the Report and Recommendation is adopted as the opinion of this Court.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendation [17] entered by United States Magistrate Judge Linda R.
Anderson is ADOPTED as the opinion of this Court. The Commissioner’s decision
is AFFIRMED. The Court will enter a separate judgment pursuant to Fed. R. Civ.
P. 58.
IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion to
Dismiss [15] filed by the Commissioner of Social Security is GRANTED.
SO ORDERED AND ADJUDGED this the 19th day of December, 2017.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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