Miller v. Commissioner, Social Security Administration

Filing 16

ORDER adopting 15 Report and Recommendation and granting 12 Motion to Dismiss. This action is dismissed without prejudice to re-filing if pltf receives a favorable decision from the Appeals Council on his request for an extension of time. Any motions not previously ruled on are denied. Signed by Judge Ron Clark on 4/12/17. (tkd, )

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

ROBERT J. MILLER
vs.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

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CASE NO. 6:16CV1229

ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions and recommendation for the disposition of this case has been presented for
consideration. The Report and Recommendation (ECF 15) filed on March 23, 2017, recommends
that the Commissioner’s Motion to Dismiss (ECF 12) be granted and that this social security action
be dismissed without prejudice to re-filing if Plaintiff receives a favorable decision from the
Appeals Council on his request for an extension of time. No written objections have been filed.
The Court therefore adopts the findings and conclusions of the Magistrate Judge as those of the
Court.
In light of the foregoing, it is hereby
ORDERED that the Motion to Dismiss (ECF 12) is GRANTED. The above-entitled
action is DISMISSED WITHOUT PREJUDICE to re-filing if Plaintiff receives a favorable
decision from the Appeals Council on his request for an extension of time.

Any motion not previously ruled on is DENIED.

So ORDERED and SIGNED this 12th day of April, 2017.

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