Russell v. Astrue et al

Filing 25

ORDER denying 10 Motion for Summary Judgment; granting 17 Motion for Summary Judgment; adopting 20 Report and Recommendation, overruling 22 Objections, and affirming 9 the Commissioner's Final Decision. (Written Opinion). Signed by Judge Richard H. Kyle on 01/26/09. (rhks)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Gregory R. Russell, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant. ________________________________________________________________________ Before the Court are Plaintiff's Objections to the December 18, 2008 Report and Recommendation of Chief Magistrate Judge Raymond L. Erickson. Judge Erickson has recommended that Plaintiff's summary judgment motion be denied and that the summary judgment motion of Defendant be granted. The Court has conducted a de novo review of the Report and Recommendation and the Objections thereto, including the Administrative Record before Judge Erickson. That review, together with the written submissions of the parties satisfies the undersigned that Judge Erickson's recommended disposition is supported by the factual record before him and that he properly applied controlling legal principles. Accordingly, and upon all the files, records and proceedings herein, IT IS ORDERED: 1. Plaintiff's Objections (Doc. No. 22) are OVERRULED; 2. The Report and Recommendation (Doc. No. 20) is ADOPTED; 3. Plaintiff's Motion for Summary Judgment (Doc. No. 10) is DENIED; 4. Defendant's Motion for Summary Judgment (Doc. No. 17) is GRANTED; and Civil No. 07-4202 (RHK/RLE) ORDER

5. The Commissioner's Final Decision (Doc. No. 9) is AFFIRMED. Dated: January 26, 2009 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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