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).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
WILLIAM FERRELL,

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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.

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