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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
CHERYL K. EDWARDS

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v.

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COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION

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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.

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Ron Clark, United States District Judge

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