Harrell Shellman v. Social Security Administration, No. 2:2014cv00382 - Document 18 (E.D. Va. 2015)

Court Description: FINAL ORDER granting 8 Motion to Dismiss; adopting Report and Recommendations re 14 as amended. The Court AMENDS the Report and Recommendation only to the extent it recommended construing Defendant's motion as a Rule 12(b)(1) motion and reli ed in part on the declaration attached to Defendant's motion to dismiss.* (See footnotes in Order) Instead, the Court considers such motion under Rule 12(b)(6). With that small caveat, the Court adopts the remainder of the Report and Recommendat ion. Plaintiff's action is DISMISSED WITH PREJUDICE. The Parties are advised that they may appeal this Final Order within 60 days of the date of this Order. Copies forwarded as directed. Signed by District Judge Mark S. Davis on 02/18/2015. (epri)

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Harrell Shellman v. Social Security Administration Doc. 18 P p 5 UNITED STATES DISTRICT COURT k 1 r-N Hi FEB 1 8 2015 FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division. CLERK, U.S. DiSlHiul L.uutti NORFOLK. VA LISA EVETTE HARRELL SHELLMAN, Plaintiff, ACTION NO. V. CAROLYN W. 2:14cv382 COLVIN, Acting Commissioner, Social Security Administration, Defendant. FINAL The pro se Plaintiff, ORDER Lisa EveCte Harrell Shellman ("Plaintiff" ) , brought this action under Section 205 (g) of the Social SecurityAct, 42U.S.C. § 405(g), seeking judicial review of the final decision of the Administration Acting denying Commissioner Plaintiff's of the Social applications for Security disability insurance benefits and Supplemental Security Income under the Social Security Act. This matter was referred to a United States Magistrate Judge, pursuant to the provisions of 28 U.S.C. Rule 72(b) of the Federal Rules of Civil Procedure, 72 of the Rules of District § 636(b)(1)(B) of and (C) and as well as Rule the United States D i s t r i c t Court for the Eastern Virginia. The Report and Recommendation of the Magistrate Judge was filed on December 30, 2014, recommending that Dockets.Justia.com

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