Moore v. Commissioner of Social Security
ORDER denying 5 Motion to Dismiss; adopting Report and Recommendations 9 of United States Magistrate Judge Robert P. Myers, Jr. Signed by District Judge Henry T. Wingate on 11/13/2023. (nd)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CIVIL CASE NO. 3:22-CV-687-HTW-RPM
COMISSIONER OF SOCIAL
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before this Court pursuant to the Report and Recommendation of
United States Magistrate Judge Robert P. Myers, Jr. [Docket no. 9]. In his Report and
Recommendation, filed on August 25, 2023, Magistrate Judge Myers recommended that the
Defendant’s Motion to Dismiss [Docket no. 5] be denied and the limitations period be tolled.
Magistrate Judge Myers directed the parties to file any objections within fourteen (14)
days. To date, no objection has been filed.
Based upon the findings and recommendation contained in the Report and
Recommendation [Docket no. 9], this court finds it well-taken. Magistrate Judge Myers carefully
considered the submissions of the parties, the record, and relevant law, and crafted a well-versed
Report and Recommendation. Therefore, this court hereby ADOPTS the Report and
Recommendation of the Magistrate Judge as the order of this court. This Court, accordingly,
deems the limitations period tolled and DENIES the Defendant Commissioner’s Motion to
Dismiss Plaintiff’s Complaint [Docket no. 5].
SO ORDERED AND ADJUDGED this the 13th day of November, 2023.
/s/HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE
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