Kantner v. Astrue

Filing 19

ORDER denying 13 Motion for Summary Judgment; adopting Report and Recommendations re 18 Report and Recommendations. Commissioner's final decision in this matter is affirmed. Clerk of Court is directed to issue judgment and close this case. Signed by Chief Judge John M Roll on 2/4/10.(SSU)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Becky Lynn Kantner, ) ) Plaintiff, ) ) ) vs. ) Michael J. Astrue, Commissioner of Social ) ) Security, ) ) Defendant. )

No. CV 08-625 TUC JMR (GEE) ORDER

This case involves an appeal by Plaintiff from the Commissioner's denial of social security benefits. On June 23, 2009, Plaintiff filed a motion for summary judgment (Doc. No 13). On September 21, 2009, the Commissioner filed his answering brief (Doc. No. 17). On January 19, 2010, after a thorough and well-documented analysis, Magistrate Judge Edmonds issued a Report and Recommendation ("R&R") to this Court. Neither party filed an objection to the R&R. Magistrate Judge Edmonds recommended that this Court deny the Plaintiff's Motion for Summary Judgment. When there are no objections to the R&R, the Court will modify or set aside only those portions that are clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998). The Court has carefully reviewed the entire record and concludes that Magistrate Judge Edmonds' recommendations are not

clearly erroneous or contrary to law. Accordingly, IT IS ORDERED that the REPORT AND RECOMMENDATION of Magistrate Judge Edmonds (Doc. No. 18) is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment (Doc. No. 13) is DENIED, and the Commissioner's final decision in this matter is AFFIRMED. The Clerk of Court is directed to issue judgment accordingly and close this case. DATED this 4th day of February, 2010.