Miller v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION 20 , granting 9 defendant's Motion to Dismiss, and dismissing this action with prejudice as untimely. Signed by Honorable Vicki Miles-LaGrange on 1/10/2017. (ks)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA JILL MILLER, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-16-26-M ORDER On November 30, 2016, United States Magistrate Judge Charles B. Goodwin issued a Report and Recommendation in this action in which plaintiff seeks judicial review of the final decision of defendant Acting Commissioner of the Social Security Administration, denying plaintiff’s application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434. The Magistrate Judge recommended that defendant’s Motion to Dismiss be granted and that this action be dismissed with prejudice as untimely filed. The parties were advised of their right to object to the Report and Recommendation by December 14, 2016. A review of the file reveals no objection has been filed. Accordingly, upon de novo review, the Court: (1) ADOPTS the Report and Recommendation [docket no. 20] issued by the Magistrate Judge on November 30, 2016; (2) GRANTS defendant’s Motion to Dismiss [docket no. 9]; and (3) DISMISSES this action with prejudice as untimely filed. IT IS SO ORDERED this 10th day of January, 2017.

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