FOSTER v. COLVIN, 4:15-cv-237-DPM. (2015)
Court: District Court, E.D. Arkansas
Number: infdco20160113d09
Visitors: 5
Filed: Dec. 07, 2015
Latest Update: Dec. 07, 2015
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . On de novo review, the Court adopts the recommendation, No. 15, as modified, and overrules Foster's objections, No. 16. FED. R. CIV. P. 72(b)(3). Foster didn't exhaust his administrative remedies back in 2010. He recently asked the Administration to reconsider. No. 16 at 2-4. But that request hasn't been acted on yet according to the record before the Court. The Commissioner moves to dismiss Foster's complaint with prejudice. No. 13 at 5.
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . On de novo review, the Court adopts the recommendation, No. 15, as modified, and overrules Foster's objections, No. 16. FED. R. CIV. P. 72(b)(3). Foster didn't exhaust his administrative remedies back in 2010. He recently asked the Administration to reconsider. No. 16 at 2-4. But that request hasn't been acted on yet according to the record before the Court. The Commissioner moves to dismiss Foster's complaint with prejudice. No. 13 at 5. ..
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ORDER
D.P. MARSHALL, Jr., District Judge.
On de novo review, the Court adopts the recommendation, No. 15, as modified, and overrules Foster's objections, No. 16. FED. R. CIV. P. 72(b)(3). Foster didn't exhaust his administrative remedies back in 2010. He recently asked the Administration to reconsider. No. 16 at 2-4. But that request hasn't been acted on yet according to the record before the Court. The Commissioner moves to dismiss Foster's complaint with prejudice. No. 13 at 5. But a dismissal for lack of jurisdiction should be without prejudice. Ahmed v. United States, 147 F.3d 791, 797 (8th Cir. 1998). The Commissioner's motion, No. 13, is therefore granted in part and denied in part. Foster's motion for a hearing, No. 10, is denied. Foster's complaint will be dismissed without prejudice.
So Ordered.
FootNotes
* The Court directs the Clerk to correct the docket.
Source: Leagle
