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Elizabeth Amanda Davenport v. Michael J. Astrue

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 6, 2011

ELIZABETH AMANDA DAVENPORT,
PLAINTIFF,
v.
MICHAEL J. ASTRUE,
DEFENDANT.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING DEFENDANT'S MOTION TO DISMISS

Doc. Nos. 10 & 12

On January 19, 2011, Magistrate Judge Anthony J. Battaglia entered a Report and Recommendation ("R&R") in the above-entitled case that thoroughly and thoughtfully analyzed Defendant's claims and recommended granting Defendant's motion to dismiss. (Doc. No. 12.) Having carefully considered the R&R, the record before the court, and the appropriate legal authorities, and in the absence of any objections to the R&R, the court hereby ADOPTS the R&R in its entirety.

Accordingly, the court hereby GRANTS Defendant's motion to dismiss with leave to amend. (Doc. No. 10.) Should Plaintiff wish to file an amended complaint, she must do so on or before April 22, 2011.

IT IS SO ORDERED.

20110406

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