Ferrell v. Social Security Administration, Commissioner of (PLR2)

Filing 17

MEMORANDUM AND OPINION as set forth in following order. Signed by District Judge Pamela L Reeves on 7/14/17. (ABF) Modified on 7/14/2017 to indicate c/m to William Virgil Ferrell, 1651 Mcafee Road, Morrison, TN 37357 (ABF).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA WILLIAM FERRELL, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. NANCY BERRYHILL, Acting Commissioner of Social Security, Defendant. No. 1:16-cv-50 Reeves/Steger Memorandum Opinion and Order Before the Court are Magistrate Judge Steger’s Report and Recommendation (“R&R”) and William Ferrell’s motion to void the R&R. The Court previously found that Ferrell had not properly served the Commissioner of Social Security. It gave him twenty days to fix the error, setting the deadline at January 4, 2017. Ferrell missed the deadline. So the R&R, entered on January 6, 2017, recommended that this suit be dismissed without prejudice. The R&R will be adopted. Ferrell had to serve the correct Office of General Counsel for the Social Security Administration, the Attorney General, and the Chattanooga branch of the United States Attorneys’ Office. 20 C.F.R. § 423.1(a); FED. R. CIV. P. 4(i)(1)–(2). Even today, Ferrell has not served the Attorneys’ Office. The Court thus ADOPTS the R&R, and Ferrell’s suit is DISMISSED without prejudice. IT IS SO ORDERED. 1

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