Russell v. Berryhill

Filing 17

ORDER AND OPINION entered by Chief Judge James E. Shadid on 2/15/2019. The Court now adopts the Report and Recommendation 16 of the Magistrate Judge in its entirety. Plaintiff's Motion for Summary Judgment 10 is DENIED, and Defendant's Motion for Summary Affirmance 14 is GRANTED. This matter is now terminated. SEE FULL WRITTEN ORDER. (SAG, ilcd)

E-FILED

Friday, 15 February, 2019 09:48:01 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS

SHIRLEY VICTORIA RUSSELL,
Plaintiff,
v.
NANCY BERRYHILL, Commissioner of
Social Security,
Defendant.

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Case No. 18-cv-1050-JES-JEH

ORDER AND OPINION
This matter is now before the Court on a January 29, 2019 Report and Recommendation
[16] from Magistrate Judge Hawley. More than 14 days have elapsed since the filing of the
Report and Recommendation, and no objections have been made. See 28 U.S.C. § 636(b)(1);
Fed. R. Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7th Cir. 1988); Video Views, Inc. v.
Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). As the parties have failed to raise timely
objections, any such objections have been waived. Id.
The relevant procedural history has been sufficiently outlined in the comprehensive
Report and Recommendation of the Magistrate Judge. Plaintiff claims the ALJ erred by failing to
consider her testimony, her physicians’ records, her ability to sustain work on a regular,
continuous basis rather than a sporadic basis, and the report of David Patsavas. The Court
concurs with the Magistrate Judge’s detailed discussion and recommendation.

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Accordingly, the Court now adopts the Report and Recommendation [16] of the
Magistrate Judge in its entirety. Plaintiff’s Motion for Summary Judgment [10] is DENIED, and
Defendant’s Motion for Summary Affirmance [14] is GRANTED.
This matter is now terminated.
Signed on this 14th day of February, 2019.
/s James E. Shadid
James E. Shadid
Chief United States District Judge

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