Weeks v. Colvin

Weeks v. Colvin

Plaintiff:	Dianne Weeks
Defendant:	Carolyn W Colvin
Case Number:	6:2015cv02653
Filed:	November 6, 2015
Court:	US District Court for the Western District of Louisiana
Office:	Lafayette Office
County:	St. Mary
Presiding Judge:	Patrick J Hanna
Presiding Judge:	Richard T Haik
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 416
Jury Demanded By:	None

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Date Filed	Document Text
August 15, 2016	Filing 18 JUDGMENT ADOPTING 14 Report and Recommendations. IT IS ORDERED, ADJUDGED, AND DECREED that Record Document 11 be resolved consistent with the report and recommendation, as follows: (1) The defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) is granted with regard to the plaintiff's claim for judicial review of the Commissioner's decision not to reopen her Social Security disability claim and also with regard to the plaintiff's claim for alleged violati ons of her constitutional due process rights; (2) The defendant's motion for summary judgment is GRANTED with regard to the plaintiff's claim for judicial review of the Commissioner's April 2012 ruling, the plaintiff's APA claim, and the plaintiff's mandamus claim; (3) The motion for dismissal under Rule 12(b)(1) and alternative motion for summary judgment are denied; and (4) Having granted either the motion to dismiss or the motion for summary judgment with regard to each of the plaintiff's claims, it is further order that this matter be dismissed in its entirety. Signed by Judge Donald E Walter on 8/8/2016. (crt,Reasor, M)

Date Filed

Document Text

August 15, 2016

Filing 18 JUDGMENT ADOPTING 14 Report and Recommendations. IT IS ORDERED, ADJUDGED, AND DECREED that Record Document 11 be resolved consistent with the report and recommendation, as follows: (1) The defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) is granted with regard to the plaintiff's claim for judicial review of the Commissioner's decision not to reopen her Social Security disability claim and also with regard to the plaintiff's claim for alleged violati ons of her constitutional due process rights; (2) The defendant's motion for summary judgment is GRANTED with regard to the plaintiff's claim for judicial review of the Commissioner's April 2012 ruling, the plaintiff's APA claim, and the plaintiff's mandamus claim; (3) The motion for dismissal under Rule 12(b)(1) and alternative motion for summary judgment are denied; and (4) Having granted either the motion to dismiss or the motion for summary judgment with regard to each of the plaintiff's claims, it is further order that this matter be dismissed in its entirety. Signed by Judge Donald E Walter on 8/8/2016. (crt,Reasor, M)

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Plaintiff: Dianne Weeks
Represented By:	Benjamin M Misko
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Defendant: Carolyn W Colvin
Represented By:	Katherine W Vincent
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