Perkerson v. Astrue et al

Filing 21

ORDER adopting Report and Recommendation 17 ; denying 8 Motion for Summary Judgment; and granting 14 Motion for Summary Judgment. IT IS HEREBY ORDERED THAT: 1. Plaintiff's motion for summary judgment 8 is DENIED. 2. Defendant's motion for summary judgment 14 is GRANTED. 3. Plaintiff's complaint 1 is DISMISSED WITH PREJUDICE AND ON THE MERITS. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on August 6, 2012. (clg)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
EMMETT PERKERSON,

Case No. 11-CV-1709 (PJS/JJK)

Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

Andrew W. Kinney and Jennifer G. Mrozik, HOGLUND, CHWIALKOWSKI &
MROZIK, PLLC, for plaintiff.
David W. Fuller, UNITED STATES ATTORNEY’S OFFICE, for defendant.
This matter is before the Court on plaintiff Emmett Perkerson’s objection to the June 1,
2012 Report and Recommendation (“R&R”) of Magistrate Judge Jeffrey J. Keyes. Judge Keyes
recommends granting the Commissioner’s motion for summary judgment and denying
Perkerson’s motion for summary judgment. The Court has conducted a de novo review. See 28
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court adopts the R&R.
ORDER
Based on all of the files, records, and proceedings herein, the Court ADOPTS the R&R
[Docket No. 17]. Accordingly, IT IS HEREBY ORDERED THAT:
1.

Plaintiff’s motion for summary judgment [Docket No. 8] is DENIED.

2.

Defendant’s motion for summary judgment [Docket No. 14] is GRANTED.

3.

Plaintiff’s complaint [Docket No. 1] is DISMISSED WITH PREJUDICE AND
ON THE MERITS.
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LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 6, 2012

s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge

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