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Jarrell v. Commissioner of Social Security, 1:16CV427-LG-LRA. (2017)

Court: District Court, S.D. Mississippi Number: infdco20171220e07 Visitors: 3
Filed: Dec. 19, 2017
Latest Update: Dec. 19, 2017
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT is the Report and Recommendation [17] entered by United States Magistrate Judge Linda R. Anderson. Judge Anderson recommends that the Motion to Dismiss [15] filed by the Commissioner of Social Security should be granted and that the social security appeal filed by Roger Dale Jarrell should be dismissed with prejudice as untimely. Jarrell has not filed an objection to the Report and Recommendati
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ORDER ADOPTING REPORT AND RECOMMENDATION

BEFORE THE COURT is the Report and Recommendation [17] entered by United States Magistrate Judge Linda R. Anderson. Judge Anderson recommends that the Motion to Dismiss [15] filed by the Commissioner of Social Security should be granted and that the social security appeal filed by Roger Dale Jarrell should be dismissed with prejudice as untimely. Jarrell has not filed an objection to the Report and Recommendation.

Where no party has objected to the Magistrate Judge's report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.") In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996).

Having conducted the required review, the Court finds that Judge Anderson's Report and Recommendation is neither clearly erroneous nor contrary to law. Therefore, the Report and Recommendation is adopted as the opinion of this Court.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and Recommendation [17] entered by United States Magistrate Judge Linda R. Anderson is ADOPTED as the opinion of this Court. The Commissioner's decision is AFFIRMED. The Court will enter a separate judgment pursuant to Fed. R. Civ. P. 58.

IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion to Dismiss [15] filed by the Commissioner of Social Security is GRANTED.

SO ORDERED AND ADJUDGED.

Source:  Leagle

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