Erickson v. Social Security Administration

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATION by Chief Judge Ralph R. Erickson. The complaint is dismissed without prejudice.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Thomas Luther Erickson,
Plaintiff,
-vs-

Case No. 3:16-cv-30
ORDER ADOPTING REPORT AND
RECOMMENDATION

Social Security Administration,
Defendant.
Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation
from the Honorable Alice R. Senechal, United States Magistrate Judge.1 The Report and
Recommendation recommends that Plaintiff Thomas Luther Erickson’s complaint be
dismissed without prejudice. Erickson has not filed objections within the prescribed time
period.
After reviewing the record and the magistrate judge’s Report and Recommendation,
the court finds the magistrate judge’s analysis of the complaint and recommendation for
disposition is appropriate. Accordingly, the court hereby adopts the Report and
Recommendation in its entirety. Because Erickson has failed to demonstrate he has
presented his claim for retirement benefits to the Commissioner, his complaint is dismissed
without prejudice. Moreover, the court finds that any appeal would be frivolous, could not
be taken in good faith, and may not be taken in forma pauperis.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 11th day of April, 2016.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court
1

Doc. #7.