Crawford v. Berryhill, No. 2:2018cv00288 - Document 18 (E.D. Va. 2019)

Court Description: ORDER: The Court does hereby ACCEPT the findings and recommendations set forth in the report of the United States Magistrate Judge filed February 21,2019, and it is, therefore ORDERED that Commissioner's Motion to Dismiss is GRANTED and this case is DISMISSED. Copies of this Order sent as DIRECTED on 9.12.19. Signed by District Judge Raymond A. Jackson on 9/11/2019. (epri, )

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Crawford v. Berryhill Doc. 18 FILED SEP 1 2 2019 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division CLERK. US DISTRICT COURT NORFOLK, VA JODI A. CRAWFORD, Plaintiff, CIVIL ACTION NO.: 2:18cv288 V. NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration, Defendant. ORDER On August 18,2018, Plaintiff brought this pro se action under Section 205(g)ofthe Social Security Act, 42 U.S.C. Section 405(g), seeking judicial review of the final decision of the Defendant, Nancy A. BeiTyhill, the Acting Commissioner of the Social Security Administration ("the Commissioner"), which denied Plaintiffs 2014 claim for Disability Insurance Benefits ('DIB")pursuant to Title II. On October 18, 2018,this matter was referred to a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. Section 636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of Civil Procedure and Rule 72 ofthe Rules of the United States District Court for the Eastern District of Virginia for a report and recommendation (R&R). On October 15, 2018, the Commissioner filed a motion to dismiss Plaintiffs complaint under Rule 12(b)6 of the Federal Rules of Civil Procedure for a lack of subject matter jurisdiction to review her decision to apply the doctrine of resjudicata to bar Plaintiffs second application for disability benefits. Plaintiff did not respond to the motion to dismiss. On February 21, 2019, the Magistrate Judge filed his report Dockets.Justia.com recommending that Defendant's Motion to Dismiss be GRANTED. The Court does hereby ACCEPT the findings and recommendations set forth in the report ofthe United States Magistrate Judge filed February 21,2019,and it is, therefore ORDERED that Commissioner's Motion to Dismiss is GRANTED and this case is DISMISSED. The Clerk shall mail a copy of this final Order to counsel for the parties. IT IS SO ORDERED. Norfolk, Virginia September A 'I ,2019 J^ymond A. Jackson States District Judge

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