BAKER v. SECRETARY/DIRECTOR SOCIAL SECURITY ADMINISTRATION

Filing 15

ORDER granting 11 Motion to Dismiss filed by Defendant Secretary/Director Social Security Administration under Rules 12(b)(1) and 12(b)(6) is GRANTED and the Petition for Writ of Mandamus is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that 14 the Report and Recommendation ( of Magistrate Judge Lenihan, dated October 8, 2015, is adopted as the opinion of the Court. Signed by Chief Judge Joy Flowers Conti on 11/5/2015. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GENE BAKER,
Plaintiff,
v.
SECRETARY/DIRECTOR SOCIAL
SECURITY ADMINISTRATION,
Defendant

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Case No. 2:14-cv-490
Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan
ECF No. 11

MEMORANDUM ORDER
The Petition for Writ of Mandamus in the above captioned case was received by
the Clerk of Court on April 16, 2014, and was referred to United States Magistrate
Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C.
§636(b)(1), and Local Rules of Court 72.C and 72.D.
The magistrate judge's Report and Recommendation (ECF No. 14), filed on
October 8, 2015, recommended that the Motion to Dismiss (ECF No. 11) filed by
Defendant pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) be
granted and the action dismissed with prejudice. Service was made on Plaintiff by U.S.
Mail at his address of record, and on all counsel of record via electronic mail. The
parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of Court, that they had
fourteen (14) days to file any objections. No objections have been filed to the Report
and Recommendation. Specifically, the magistrate judge recommended that due to
plaintiff’s failure to appeal the determinations of the Commissioner of Social Security,
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this court lacks jurisdiction to hear this case. This court agrees and will dismiss this
case.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:
AND NOW, this 5th day of November, 2015,
IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 11) filed by
Defendant Secretary/Director Social Security Administration under Rules 12(b)(1) and
12(b)(6) is GRANTED and the Petition for Writ of Mandamus is DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 14)
of Magistrate Judge Lenihan, dated October 8, 2015, is adopted as the opinion of the
Court.
/s/ Joy Flowers Conti
JOY FLOWERS CONTI
United States District Judge
cc:

Gene Baker
KF-2715
SCI Rockview
Box A
Bellefonte, PA 16823
All Counsel of Record
Via Electronic Mail

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