Walker v. Astrue, No. 7:2010cv00152 - Document 23 (N.D. Tex. 2011)

Court Description: ORDER ADOPTING 22 Findings and Recommendations, granting 17 Motion to Dismiss filed by Michael J Astrue. It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. Accordingly, the Commissioners Rule 12(b)(1) motion to dismiss (ECF No. 17) is GRANTED and this case is DISMISSED without prejudice for lack of subject matter jurisdiction for the reasons set forth in the Magistrate Judges findings and recommendation (ECF No. 22). (Ordered by Judge Reed C O'Connor on 2/28/2011) (trt)

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Walker v. Astrue Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION QUENTIN DURAND WALKER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. § § § § § § § No. 7:10-cv-152-O ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and noting no objections have been filed thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court. It is therefore ORDERED that the Findings, Conclusions, and Recommendation of the United States Magistrate Judge are accepted. Accordingly, the Commissioner’s Rule 12(b)(1) motion to dismiss (ECF No. 17) is GRANTED and this case is DISMISSED without prejudice for lack of subject matter jurisdiction for the reasons set forth in the Magistrate Judge’s findings and recommendation (ECF No. 22). SO ORDERED this 28th day of February, 2011. _____________________________________ Reed O’Connor UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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