Harrell Shellman v. Social Security Administration

Filing 18

FINAL ORDER granting 8 Motion to Dismiss; adopting Report and Recommendations re 14 as amended. The Court AMENDS the Report and Recommendation only to the extent it recommended construing Defendant's motion as a Rule 12(b)(1) motion and reli ed in part on the declaration attached to Defendant's motion to dismiss.* (See footnotes in Order) Instead, the Court considers such motion under Rule 12(b)(6). With that small caveat, the Court adopts the remainder of the Report and Recommendat ion. Plaintiff's action is DISMISSED WITH PREJUDICE. The Parties are advised that they may appeal this Final Order within 60 days of the date of this Order. Copies forwarded as directed. Signed by District Judge Mark S. Davis on 02/18/2015. (epri)

P

p

5

UNITED STATES DISTRICT COURT

k

1

CLERK, U.S. DiSlHiul L.uutti
NORFOLK. VA

SHELLMAN,

Plaintiff,
ACTION NO.

V.

CAROLYN W.

2:14cv382

COLVIN,

Acting Commissioner,
Social Security Administration,
Defendant.

FINAL

The

pro

se

Plaintiff,

ORDER

Lisa

EveCte

Harrell

Shellman

("Plaintiff" ) , brought this action under Section 205 (g) of the Social
SecurityAct, 42U.S.C. § 405(g), seeking judicial review of the final
decision

of

the

Administration

Acting

denying

Commissioner

Plaintiff's

of

the

Social

applications

for

Security

disability

insurance benefits and Supplemental Security Income under the Social
Security Act.

This matter was referred to a United States Magistrate Judge,
pursuant to the provisions of 28 U.S.C.
Rule 72(b)

District

§ 636(b)(1)(B)

of the Federal Rules of Civil Procedure,

72 of the Rules of

of

and (C)

and

as well as Rule

the United States D i s t r i c t Court for the Eastern

Virginia.

The

Report

and

Hi

FEB 1 8 2015

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division.

LISA EVETTE HARRELL

r-N

Recommendation

of

the

Magistrate Judge was filed on December 30, 2014, recommending that