Burrows v. Commissioner Social Security Administration

Filing 12

ORDER ADOPTING 11 Report and Recommendations, and granting 10 Motion to Dismiss/Lack of Jurisdiction, filed by Commissioner Social Security Administration. This action is hereby DISMISSED without prejudice to refiling after pltf's administrative remedies have been exhausted. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 09/28/12. cc:attys 9-28-12(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
CHRISTOPHER BURROWS

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v.

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COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION

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CIVIL ACTION NO. 6:12cv379

ORDER OF DISMISSAL
The Report and Recommendation of the Magistrate Judge, which contains her 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 and Incorporated Supporting Memorandum (docket entry #10) be granted and this action
be dismissed without prejudice for failure to exhaust administrative remedies prior to filing. No
written objections have been filed. The findings and conclusions of the Magistrate Judge are
therefore adopted as those of the Court.
In light of the foregoing, it is
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ORDERED that the Commissioner’s Motion to Dismiss and Incorporated Supporting

Memorandum (docket entry #10) is hereby GRANTED and this action is hereby DISMISSED
without prejudice to re-filing after Plaintiff’s administrative remedies have been exhausted. It is
further
ORDERED that any motion not previously ruled on is DENIED.
It is SO ORDERED.
SIGNED this 28th day of September, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE