Parker v Commissioner of Social Security Administration

Filing 15

ORDER adopting 14 Report and Recommendation and granting 9 Motion to Dismiss. Signed by Judge Ron Clark on 4/3/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
TINA J. PARKER,
Plaintiff,
v.
CAROLYN W. COLVIN
ACTING COMMISIONER OF
SOCIAL SECURITY
Defendant.

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CASE No. 6:16-cv-474-RC-JDL

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
On May 28, 2016, Plaintiff initiated the above entitled and numbered 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 case was referred to United
States Magistrate Judge John D. Love pursuant to 28 U.S.C. § 636.
On October 6, 2016, the Commissioner filed a Motion to Dismiss Under Rule 12(b)(1).
Docket No. 9. Ms. Parker filed a response. Docket No. 11.
On March 15, 2017, the Magistrate Judge issued a Report and Recommendation in which
he recommended granting the Commissioner’s Motion. Docket No. 14. The Report of the
Magistrate Judge, which contains his proposed findings of fact and recommendations for the
disposition of such action, has been presented for consideration.
Neither party has filed any objections. Therefore, the Court hereby adopts the findings
and conclusions of the Magistrate Judge as the findings and conclusions of the Court. It is
accordingly ORDERED that the Commissioner’s Motion to Dismiss is GRANTED and the
complaint is hereby DISMISSED WITHOUT PREJUDICE.
So Ordered and Signed
Apr 3, 2017

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