Loepker v. Commissioner of Social Security

Filing 18

ORDER adopting 17 Report and Recommendations and affirming the Commissioner's decision denying Loepker's application for DIB or a PID in all respects. Signed by Chief Judge David R Herndon on 2/12/09. (klh)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DALE G. LOEPKER, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER HERNDON, Chief Judge: On November 28, 2007, Dale Loepker, by and through his attorney Lance Mallon, filed suit against the Commissioner of Social Security, for judicial review of an administrative agency's decision pursuant to 42 U.S.C. § 405(g) (Doc. 1). Specifically, Loepker seeks judicial review of the Commissioner's decision to deny him Disability Insurance Benefits pursuant to 42 U.S.C. § 423 or a Period of Disability pursuant to 42 U.S.C. § 416(I). On January 22, 2009, pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Clifford J. Proud submitted a Report and Recommendation ("the Report") (Doc. 17). The Report recommends that the Court affirm the Commissioner's decision to deny Lopeker's application for Disability Insurance Benefits or a Period of Disability (Doc. 17). The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within ten days of service Page 1 of 2 No. 07-0830-DRH

of the Report.1 To date, none of the parties has filed objections. The period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Accordingly, the Court ADOPTS the Report in its entirety (Doc. 17). The Court AFFIRMS the Commissioner's decision denying Loepker's application for Disability Insurance Benefits or a Period of Disability in all respects, as the decision is supported by substantial evidence. The Court DIRECTS the Clerk of the Court to enter judgment reflecting the same. IT IS SO ORDERED. Signed this 12th day of February, 2009.

/s/

DavidRHer|do|

Chief Judge United States District Court

The Notice of Response Deadline states: "In accordance with 28 U.S.C. § 636(b) and the Federal Rules of Civil Procedure 6(e), the parties shall file any objections to this report and recommendation on or before February 9, 2009. No further extensions will be granted." (Doc. 17, p. 19).

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