Bragna v. Commissioner of Social Security
ORDER ADOPTING 6 Report and Recommendations of the US Magistrate Judge. It is ORDERED that the Commissioner's 5 Motion to Dismiss, construed as a Motion for Summary Judgment, is GRANTED and this action is DISMISSED with prejudice. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 2/22/2012. (leh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
KIMBERLY DAWN BRAGNA
COMMISSIONER, SOCIAL SECURITY
CIVIL ACTION NO. 6:11cv551
ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
The Report and Recommendation of the Magistrate Judge, which contains his findings,
conclusions, and recommendation for the disposition of this action, has been presented for
consideration. The Report and Recommendation recommends that the Commissioner’s Motion to
Dismiss, construed as a Motion for Summary Judgment, be granted and this action be dismissed with
prejudice as untimely filed and for lack of subject matter jurisdiction. No written objections have
been filed. The findings and conclusions of the Magistrate Judge are therefore adopted as those of
In light of the foregoing, it is
ORDERED that the Commissioner’s Motion to Dismiss (docket entry #5), construed as a
Motion for Summary Judgment, is hereby GRANTED and this action is hereby DISMISSED
WITH PREJUDICE. It is further
ORDERED that any motion not previously ruled on is DENIED.
SIGNED this 22nd day of February, 2012.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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?