Allen v. Commissioner, Social Security Administration

Filing 17

ORDER adopting 16 Report and Recommendation. Ordered that the 16 Motion to dismiss 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. Signed by District Judge Thad Heartfield on 5/29/2018. (bjc)

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

DELORES DIANE ALLEN
vs.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

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CASE NO. 6:17CV674

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 16), filed on May 7, 2018, recommends
that the Motion to Dismiss 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 her
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 16) 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.
SIGNED this the 29 day of May, 2018.

____________________________
Thad Heartfield
United States District Judge