Hickman v. Social Security Administration, Commissioner of

Filing 13

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 12 . It is ORDERED that the defendant's Motion to Dismiss 6 is GRANTED. This case is DISMISSED, and the Clerk of Court is DIRECTED to close this case. Signed by District Judge Thomas A Varlan on 10/12/11. (ABF)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE DONALD LEE HICKMAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No.: 3:11-CV-222 (VARLAN/GUYTON) ORDER This Social Security appeal is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on September 20, 2011 [Doc. 12]. There have been no timely objections to the Report and Recommendation and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). In the Report and Recommendation, the magistrate judge recommends that the Commissioner’s motion to dismiss [Doc. 6] be granted. The Court has carefully reviewed this matter, including the underlying motion and complaint. The Court is in agreement with the magistrate judge’s recommendation, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 12]. Additionally, it is hereby ORDERED that Defendant’s Motion to Dismiss [Doc. 6] is GRANTED. This case is DISMISSED, and the Clerk of Court is DIRECTED to close this case. IT IS SO ORDERED. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE ENTERED AS A JUDGMENT s/ Patricia L. McNutt CLERK OF COURT 2

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