Anderson v. Commissioner, Social Security Administration

Filing 10

ORDER adopting 9 Report and Recommendation of United States Magistrate Judge. Ordered that the Commissioner's 8 Motion to dismiss is granted and Plaintiff's complaint be dismissed with prejudice pursuant to FRCP 12(b)(1) for lack of subject matter jurisdiction. Signed by Judge Ron Clark on 11/13/2016. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DONALD R ANDERSON,
Plaintiff,
v.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,

§
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. 6:16-CV-00323-RCJDL

Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
On April 12, 2016, Plaintiff initiated this civil action pursuant to the Social Security Act,
Section 205(g) for judicial review of the Commissioner’s denial of Plaintiff’s application for
Social Security benefits. The cause of action was referred to United States Magistrate Judge John
D. Love who issued a Report and Recommendation, recommending that the Commissioner’s
Motion to Dismiss (Doc. No. 8) be granted and Plaintiff’s complaint be dismissed pursuant to
Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. (Doc. No. 9.) No objections to the
Report and Recommendation were filed during the prescribed objection period.
The Court is of the opinion that the findings and conclusions of the Magistrate Judge are
correct. It is accordingly ORDERED that the Commissioner’s Motion to Dismiss (Doc. No. 8) is
GRANTED and Plaintiff’s complaint be dismissed with prejudice pursuant to Fed.R.Civ.P.
12(b)(1) for lack of subject matter jurisdiction.

So Ordered and Signed
Nov 13, 2016