Collins v. Commissioner, Social Security Administration

Filing 30

ORDER overruling objections and adopting 27 Report and Recommendation. The Commissioner's 22 Motion to Dismiss is granted. This social security appeal is dismissed in its entirety with prejudice. The clerk is directed to close this case. Signed by Judge Ron Clark on 11/5/15. (tkd, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ARISTILLE Q. COLLINS
V.

COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

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CASE NO. 1:11-CV-365

ORDER ADOPTING
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate
Judge, for consideration. The magistrate judge submitted a report recommending that the
Commissioner’s motion to dismiss be granted and that this social security appeal be dismissed for
lack of subject matter jurisdiction.
Plaintiff filed 600 pages during the time period allowed for objections to the magistrate
judge’s Report and Recommendation. The Court accordingly conducted a de novo review of these
papers, the pleadings, the record, and the applicable law. See FED. R. CIV. P. 72(b); 28 U.S.C.
§ 636(b). After consideration, the Court concludes that there are no meritorious objections. The pro
se plaintiff’s “objections” consist of over 600 pages of medical records and records from the
underlying administrative proceedings, all of which are already before the Court. The plaintiff
makes no argument or written objection specifically addressing any of Judge Giblin’s findings or
legal conclusions. He fails to point to specific documents within his filing that might alter the
magistrate judge’s finding that the Court lacks jurisdiction. Therfore, the Court ORDERS

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that plaintiff’s “objections” [Doc. #29] are OVERRULED. See 28 U.S.C. § 636(b)(1) (court is
required to make a de novo determination only as to “those portions of the report or specified
proposed findings or recommendations to which objection is made.”)
Pursuant to the magistrate judge’s conclusions, the Court further finds that subject matter
jurisdiction is lacking. The Commissioner’s motion to dismiss [Doc. #22] is therefore GRANTED.
This social security appeal is DISMISSED in its entirety, with prejudice. The Clerk of Court is
directed to CLOSE this case. This order serves as a final judgment for appeal purposes.
So ORDERED and SIGNED this 5 day of November, 2015.

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Ron Clark, United States District Judge

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