Rushing v. Social Security Administration, Commissioner of (PLR1)

Filing 13

MEMORANDUM OPINION. Signed by District Judge Pamela L Reeves on 12/20/16. (JBR)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE DEBORAH RUSHING, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) NO.: 3:16-CV-276 REEVES/GUYTON MEMORANDUM OPINION This Social Security appeal is before the Court on the Report and Recommendation filed by United States Magistrate Judge H. Bruce Guyton [R. 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). After a careful review of the record and the parties’ pleadings, the Court is in complete agreement with the Magistrate Judge’s recommendation that this action be dismissed as untimely. Plaintiff’s claim was denied by the Appeals Counsel on March 23, 2016. Her time for commencing a civil suit expired on May 27, 2016, making her action filed on May 31, 2016, untimely. Plaintiff has offered the Court no explanation for the late filing. Accordingly, the court ACCEPTS IN WHOLE the Report and Recommendation under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons stated in the Report and Recommendation, which the Court adopts and incorporates into its ruling, that this action is DISMISSED. Enter: ______________________________________ __________________________________ _ _ _ _ UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT T I C

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?