Whaley v. Berryhill

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS; DENYING 15 Plaintiff's Motion for Summary Judgment; GRANTING 19 Defendant's Cross-Motion for Summary Judgment. CASE CLOSED. Signed by Judge Maryellen Noreika on 5/14/2019. (dlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN ERIC WHALEY,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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C.A. No. 18-720 (MN) (MPT)

ORDER ADOPTING REPORT AND RECOMMENDATION
WHEREAS, on April 26, 2019, Chief Magistrate Judge Thynge issued a Report
and Recommendation (D.I. 22) in this action, which recommended that the Court deny Plaintiff’s
Motion for Summary Judgment (D.I. 15) and grant the Commissioner’s Cross-Motion for
Summary Judgment (D.I. 19); and
WHEREAS, no party filed objections to the Report and Recommendation pursuant
to 72(b)(2) of the Federal Rules of Civil Procedure in the prescribed period, and the Court finding
no clear error on the face of the record.
THEREFORE, IT IS HEREBY ORDERED this 14th day of May 2019 that the
Report and Recommendation is ADOPTED. Plaintiff’s Motion for Summary Judgment (D.I. 15)
is DENIED and the Commissioner’s Cross-Motion for Summary Judgment (D.I. 19) is
GRANTED. The Clerk of Court is directed to CLOSE this case.

The Honorable Maryellen Noreika
United States District Court Judge