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Meyer v. Commissioner of Social Security

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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