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Meyer v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


September 30, 2010

PHILIP R. MEYER, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM & ORDER

Before the Court is a Report and Recommendations ("R&R") (Doc. 19), issued on August 23, 2010, by United States Magistrate Judge Wilkerson recommending that Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 17) be granted. Upon issuance, the R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within fourteen days of service (see Doc. 19-2). Neither party has filed timely objections to the R&R. Therefore, pursuant to 28 U.S.C. § 636(b) and Local Rule 73.1(b), this Court need not conduct a de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Accordingly, the Court ADOPTS the R&R (Doc. 19) in its entirety. As such, this matter is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction,the case filed to be closed.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20100930

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