IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
May 17, 2012
FAN-LI ORTEGA FOR WALDEMAR CABAN,
SOCIAL SECURITY ADMINISTRATION, DEFENDANT.
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 17th day of May, 2012, upon consideration of Defendant's Motion to Dismiss Plaintiff's Complaint (Document No. 6, filed September 16, 2011), and plaintiff's letter/ response to the Motion (Document No. 10, filed February 28, 2012), and after review of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated March 22, 2012,*fn1 (Document No. 11, filed March 22, 2012) and Plaintiff's Answer Opposing Defendants' Motion to Dismiss Complaint (Document No. 14, filed May 16, 2012), treated by the Court as objections to the Report and Recommendation, IT IS ORDERED that:
1. The Report and Recommendation of United States Magistrate Judge Thomas J. Rueter dated March 22, 2012, is APPROVED and ADOPTED;
2. Plaintiff's objections to the Report and Recommendation (Document No. 14) are OVERRULED for the reasons stated in that part of the Report and Recommendation that addresses equitable tolling; and
3. The defendant's Motion to Dismiss Plaintiff's Complaint (Document No. 6) is GRANTED and plaintiff's Complaint is DISMISSED WITH PREJUDICE.*fn2
IT IS FURTHER ORDERED that the Clerk of Court shall MARK the case CLOSED.
BY THE COURT:
Jan E. DuBois