Dodson v. Commissioner, Social Security Administration
Dodson v. Commissioner, Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:19-cv-00434 Melanie Dodson, Plaintiff, V. Commissioner, Social Security Administration, Defendant. Before BARKER, District Judge ORDER On September 23, 2019, plaintiff Melanie Dodson filed this civil action pursuant to the Social Security Act,
42 U.S.C. § 205(g), for judicial review of the commissioner’s denial of plaintiff's application for social security benefits. Doc. 1. The case was referred to United States Magistrate Judge John D. Love pursuant to
28 U.S.C. § 636. Doc. 2. On March 9, 2020, defendant filed a motion for summary judgment, or, alternatively, a motion to dismiss the cause of action as untimely. Doc. 27. On April 16, 2020, Judge Love is- sued a report and recommendation that the complaint be dis- missed without prejudice as untimely. Doc. 28. Plaintiff's counsel was served with the report that same day via the court’s CM/ECF electronic filing system. See
id.The report in- formed plaintiff of her right to file written objections within 14 days and warned that failure to do so would bar her from de novo review by the district judge.
Id.More than 14 days have passed since plaintiff received the report and recommen- dation and no objections have been filed. The court finds no “clear error on the face of the record.” Douglass v. United Servs. Auto. Assn,
79 F.3d 1415, 1420(Sth Cir. 1996). Accordingly, the report and recommendation (Doc. 28) is adopted. Fed. R. Civ. P. 72(b)(3). Plaintiff’s complaint is
dismissed without prejudice as untimely. The clerk of court is directed to close the case.
So ordered by the court on May 13, 2020. —feboka BARKER United States District Judge
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Reference
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