Neely v. Berryhill

Filing 19

ORDER denying 8 Motion to Dismiss Signed by Magistrate Judge Jeremiah C. Lynch on 10/3/2018. (TXB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

JASON S. NEELY,
CV 18-5-BU-JCL
Plaintiff,
ORDER

vs.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.

On September 7, 2018, the undersigned entered Findings &
Recommendations, recommending that the motion to dismiss filed by Defendant
Nancy A. Berrhill, the Acting Commissioner of the Social Security Administration,
be denied. (Doc. 16). The parties subsequently consented to the exercise of
jurisdiction by a United States Magistrate Judge (doc. 17) and no objections to the
Findings and Recommendations have been filed. Accordingly, and in light of the
parties’ consent,

1

IT IS ORDERED that Defendant’s motion to dismiss is denied for the
reasons set forth in the Findings and Recommendations entered on September 7,
2018.
DATED this 3rd day of October, 2018

______________________________
Jeremiah C. Lynch
United States Magistrate Judge

2