Kitchens v. Astrue

Filing 12

ORDER denying 7 Motion for Judgment on the Pleadings; granting 9 Motion to Affirm; adopting 11 Report and Recommendations. Signed by District Judge Keith Starrett on 7/11/12 (scp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
HATTIESBURG DIVISION
JAMES M. KITCHENS

PLAINTIFF

v.

CIVIL ACTION NO.: 2:10cv273-KS-MTP

MICHAEL J. ASTRUE,
Commissioner of Social Security

DEFENDANT
ORDER

This cause comes before the Court on defendant's Motion to Affirm the Decision of the
Commissioner [9], and on the plaintiff's Motion for Judgment on the Pleadings [7] seeking either
a reversal of the Commissioner's decision and a reward of benefits or, alternatively, a remand of
the case for further administrative proceedings.
The Court, having considered the complaint, the record, the applicable law, the Report
and Recommendation [11] of United States Magistrate Judge Michael T. Parker, and the failure
of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby
approves the Report and Recommendation of the United States Magistrate Judge and adopts it as
the Court’s opinion in this matter.
IT IS THEREFORE ORDERED the Report and Recommendation of Magistrate Judge
Michael T. Parker entered on June 20, 2012, be, and hereby is, adopted in whole pursuant to 28
U.S.C. § 636(b)(1) as the finding of this Court. Accordingly, for the reasons set forth in the
Magistrate Judge's Report and Recommendation, it is
ORDERED that the Commissioner's Motion for an Order Affirming the Decision [9] be,
and hereby is, GRANTED; and Plaintiff's Motion for Judgment on the Pleadings [7] be, and
hereby is, DENIED.

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SO ORDERED AND ADJUDGED on this, the 11th day of July, 2012.

s/ Keith Starrett
UNITED STATES DISTRICT JUDGE

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