Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 08-204-FJP-DLD. Motions Motion to dismiss : In Part Judges Frank Joseph Polozola See more information ... Smart Summary Please sign up to generate summary. STEVENS J. WHITE v. MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. OPINION FRANK POLOZOLA, Chief Judge After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report to which no objection was filed: IT IS ORDERED that defendant's motion to dismiss under Rule 12(b)(1) shall be GRANTED in part and DENIED in part, and any claims in plaintiff's writ which are specific to the miscalculation and/or improper denial of his SSI and/or DIB shall be DISMISSED without prejudice. Rec. Doc. No. 10. IT IS FURTHER ORDERED that plaintiff's claims relating to the termination and return of plaintiff's benefits received on behalf of his minor children shall be allowed to move forward at this time.