McCartt v. Commissioner of Social Security

Filing 15

ORDER granting 4 Motion to Dismiss for Lack of Jurisdiction; adopting Report and Recommendation 11 . Case is Terminated on the docket of this Court. Signed by Judge Herman J. Weber on 5/12/11. (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ALMA McCARTT,
Plaintiff
v.

C-1-09-861

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY,
Defendant

ORDER
This matter is before the Court upon the Report and Recommendation of
the United States Magistrate Judge (doc. no. 11) and plaintiff’s objections
thereto (doc. no. 13). The Magistrate Judge concluded that plaintiff failed to
promptly make any claim that she had not timely received the October 2007
notice denying her initial application. By failing to either file a timely request
for hearing (within 60days of January 22, 2008) or, alternatively to move for an
extension of time in which to file a request for reconsideration of the original
denial, plaintiff forfeited the “ends of justice” argument she now presents to
this Court. The Magistrate Judge therefore recommended that defendant’s
Motion to Dismiss for Lack of Subject Matter Jurisdiction (doc. no. 5) be granted
and this case be dismissed with prejudice.

2
Plaintiff objects to the Judge's Report and Recommendation on the
grounds that his findings are contrary to law.
CONCLUSION
Upon a de novo review of the record, especially in light of plaintiff’s
objections, the Court finds that plaintiff’s objections have either been
adequately addressed and properly disposed of by the Judge or present no
particularized arguments that warrant specific responses by this Court. The
Court finds that the Magistrate Judge has accurately set forth the controlling
principles of law and properly applied them to the particular facts of this case
and agrees with the Judge.
Accordingly, the Court hereby ADOPTS AND INCORPORATES BY
REFERENCE the Report and Recommendation of the United States Magistrate
Judge (doc. no. 11). Defendant’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction (doc. no. 5) is GRANTED and this case is DISMISSED for lack of
subject matter jurisdiction.
This case is TERMINATED on the docket of this Court.
IT IS SO ORDERED.

s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court