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

Filing 13

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE

DEBORAH RUSHING,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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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:
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UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT
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