Apachito v. Social Security Administration

Filing 23

ORDER by District Judge Judith C. Herrera adopting 22 Report and Recommendations, denying 12 Defendant's Motion to Dismiss. Unless the parties agree on a different time period, Defendant's responsive pleading is due within 14 days. See Fed. R. Civ. P. 12(a)(4)(a). (baw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CORNITA M. APACHITO,
Plaintiff,
v.

No. 17-cv-0504 JCH/SMV

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

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Magistrate Judge’s Proposed Findings and
Recommended Disposition (“PF&RD”) [Doc. 22], filed on January 10, 2018. On reference by
the undersigned, [Doc. 19], the Honorable Stephan M. Vidmar, United States Magistrate Judge,
recommended denying Defendant’s Motion to Dismiss. No party has filed objections to the
PF&RD, and the time for doing so has passed.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Magistrate
Judge’s Proposed Findings and Recommended Disposition [Doc. 22] are ADOPTED.
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss [Doc. 12] is
DENIED. Unless the parties agree on a different time period, Defendant’s responsive pleading
is due within 14 days. See Fed. R. Civ. P. 12(a)(4)(a).
IT IS SO ORDERED.
__________________________________
JUDITH C. HERRERA
United States District Judge