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07-265 - Rubalcada v. Astrue


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07-265 - Rubalcada v. Astrue
June 24, 2008
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REPORT AND RECOMMENDATIONS: The court recommends that Plaintiffs motion be granted and his case dismissed. Right to Object Pursuant to 28 U.S.C. ยง 636(b)(1), any party has the right to serve and file written objections to the Report and Recommendation within ten days after being served with a copy of this document. The filing of objections is necessary to obtain de novo review by theUnited States District Court. A partys failure to file written objections within ten days shall bar such a party, except upon grounds of plain error, from attacking on appeal the factual findings and legal conclusions accepted by the district court. Douglass v. United Servs. Auto Assn, 79 F.3d 1415, 1429 (5th Cir. 1996) (en banc). See order for further specifics. (Signed by Magistrate Judge Nancy M Koenig on 6/24/2008) (cb)
July 16, 2008
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ORDER ADOPTING 17 Report and Recommendation: Plaintiff Tomas S. Rubalcada filed a motion to dismiss on May 29, 2008. On June 24, 2008, the United States Magistrate Judge filed her Report and Recommendation. No written objectionshave been filed. It is, therefore, ORDERED that the findings and conclusions in the Report and Recommendation are hereby ADOPTED as the findings and conclusions of the Court and that the above-styled and -numbered cause is hereby DISMISSED. (Signed by Judge Sam R Cummings on 7/16/2008) (cb)