Summary
converting the Commissioner's Rule 12(b) motion to one for summary judgment under Rule 56, where the Commissioner submitted the declaration of a Social Security Administration employee in support of a 12(b) motion to dismiss an appeal as untimely
Summary of this case from Stromdahl v. BerryhillOpinion
No. 5:14-CV-414-FL
11-04-2014
MONTRESSA B. DEROSA, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
JUDGMENT
Decision by Court.
This action came before the Honorable Louise W. Flanagan, United States District Judge, for consideration of the defendant's motion to dismiss, deemed in the alternative as a motion brought for summary judgment under Rule 56, and the memorandum and recommendation entered by the United States Magistrate Judge, to which no objections were filed. IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered November 4, 2014, and for the reasons set forth more specifically within the memorandum and recommendation, that defendant's motion is granted and this matter is dismissed. This Judgment Filed and Entered on November 4, 2014, and Copies To:
Charlotte Williams Hall (via CM/ECF Notice of Electronic Filing)
Leo R. Montenegro(via CM/ECF Notice of Electronic Filing)
November 4, 2014
JULIE A. RICHARDS, CLERK
/s/ Christa N. Baker
(By) Christa N. Baker, Deputy Clerk