Opinion
Civil Action No. 7: 16-75-DCR
10-11-2016
DANIEL L. DOUCETTE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
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This matter is pending for consideration of the Commissioner's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). [Record No. 5] In support, the Commissioner has provided exhibits, which include declarations of a Social Security Administration official and portions of the plaintiff's administrative record. If, on a 12(b)(6) motion, "matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment." CGH Transp., Inc. v. Quebecor World, Inc., 261 F. App'x 817, 822 (6th Cir. 2008); see also Fed. R. Civ. P. 12(d). Accordingly, it is hereby
ORDERED as follows:
1. The parties are put on NOTICE that the defendant's motion to dismiss under Rule 12(b)(6) [Record No. 5] will be converted to a motion for summary judgment under Rule 56.
2. The plaintiff has until Monday, October 17, 2016, to make any supplemental filing in the record.
This 11th day of October, 2016.
Signed By:
Danny C . Reeves
United States District Judge