Barker v. Social Security Administration Commissioner

Filing 13

ORDER ADOPTING 12 Report and Recommendations in its entirety and AFFIRMING decision of the Commissioner. Further Plaintiff's Complaint is DISMISSED WITH PREJUDICE. Signed by Honorable P. K. Holmes, III on August 26, 2011. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION SHEILA M. BARKER v. PLAINTIFF Case No. 2:10-CV-02069 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT ORDER On this 26th day of August 2011, there comes on for consideration the Report and Recommendation (Doc. 12) filed in this case on April 29, 2011, by the Honorable James R. Marschewski, United States Magistrate for the Western District of Arkansas. More than fourteen (14) days have passed without objections being filed by the parties. The court has reviewed this case and, being well and sufficiently advised, finds as follows: Although substantial evidence in the record may also have supported a contrary outcome, the Commissioner’s findings are nonetheless supported by substantial evidence in the record as a whole. Therefore, the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, the decision of the Administrative Law Judge is AFFIRMED. Plaintiff’s Complaint is DISMISSED WITH PREJUDICE. IT IS SO ORDERED this 26th day of August 2011. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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