Edwards v. Commissioner Social Security Administration

Filing 11

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS. The Commissioner's 7 Motion to Dismiss, construed as a Motion for Summary Judgment, is hereby granted and this action is dismissed with prejudice. All pending motions are denied. Signed by Judge Ron Clark on 9/13/11. (ljw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION CHERYL K. EDWARDS § v. § COMMISSIONER, SOCIAL SECURITY ADMINISTRATION § CIVIL ACTION NO. 9:11cv1 ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 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, construed as a Motion for Summary Judgment, be granted and this action be dismissed with prejudice as untimely filed and for lack of subject matter jurisdiction. 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 ORDERED that the Commissioner’s Motion to Dismiss (docket entry #7), construed as a Motion for Summary Judgment, is hereby GRANTED and this action is hereby DISMISSED WITH PREJUDICE. It is further ORDERED that any motion not previously ruled on is DENIED. So ORDERED and SIGNED this 13 day of September, 2011. ___________________________________ Ron Clark, United States District Judge 1

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