White v. Barnhart, No. 3:2008cv00204 - Document 19 (M.D. La. 2009)

Court Description: OPINION Adopting 17 the Report and Recommendation of the U.S. Magistrate Judge. It is ORDERED that defts motion to dismiss under Rule 12(b)(1) shall be GRANTED in part and DENIED in part, and any claims in pltfs writ which are specific to the misc alculation and/or improper denial of his SSI and/or DIB shall be DISMISSED without prejudice. FURTHER ORDERED that pltfs claims relating to the termination and return of pltfs benefits received on behalf of his minor children shall be allowed to move forward at this time. Signed by Judge Frank J. Polozola on 4/22/2009. (JDL, )