Opinion
4:20-cv-05188-MKD
08-12-2022
JOSHUA G.,[1] Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
ECF Nos. 1, 25, 33
MARY K. DIMKE UNITED STATES DISTRICT JUDGE
Before the Court is Magistrate Judge Ekstrom's July 26, 2022 Report and Recommendation. ECF No 33. Judge Ekstrom recommends that the Court grant Defendant's amended Motion to Dismiss because the Court lacks jurisdiction due to Plaintiff's death prior to commencement of the suit. Id. at 3. Plaintiff did not file any objections to the Report and Recommendation.
After reviewing the Report and Recommendation, and relevant authorities, the Court finds the Magistrate Judge's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety.
Accordingly, IT IS HEREBY ORDERED:
1. The Report and Recommendation, ECF No. 33, is ADOPTED in its entirety.
2. Defendant's Motion to Dismiss, ECF No. 25, as amended at ECF No. 29, is GRANTED.
3. Plaintiff's Complaint, ECF No. 1, is DISMISSED without prejudice.
4. Plaintiff shall provide notice of the dismissal to any and all Defendant(s) served with a copy of the Complaint and summons.
5. The Clerk's Office is directed to enter JUDGMENT and CLOSE the file.
IT IS SO ORDERED. The District Court Executive is directed to file this Order, and provide copies to counsel.