Miller v. Social Security Administration
Filing
47
ORDER by District Judge Judith C. Herrera Adopting 46 Report and Recommendations, denying 42 Motion to Remand to Agency and dismissing case with prejudice. (baw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MICHAEL L. MILLER,
Plaintiff,
v.
Civ. No. 14‐503 JCH/GBW
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE’S PROPOSED FINDINGS AND
RECOMMENDED DISPOSITION
On May 27, 2014, Plaintiff filed a Complaint in this Court seeking review of the
Social Security Administration’s decision to deny Plaintiff benefits. Doc. 1. Following a
stipulated remand to Defendant for further administrative action in January 2015, the
case was reopened on February 24, 2017. Docs. 22, 23, 26, 30.
On July 12, 2017, Plaintiff filed a Motion to Remand to Agency or Reverse (doc.
42) the Social Security Administration’s adverse decision that Plaintiff’s disability and
entitlement to benefits ended in January 2011. That motion was fully briefed on
September 27, 2017. See docs. 42, 44, 45. On January 29, 2017, the Magistrate Judge filed
his Proposed Findings and Recommended Disposition (PFRD), in which he
recommended denying Plaintiff’s Motion and affirming the Commissioner’s decision.
Doc. 46. Neither party has filed objections to the PFRD, and, upon review of the record,
I concur with the Magistrate Judge’s findings and recommendations.
Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed
Findings and Recommended Disposition (doc. 46), is ADOPTED. Plaintiff’s motion is
DENIED and this case is hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
__________________________________
Honorable Judith C. Herrera
United States District Court Judge
2
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