McLaughlin v. Astrue et al

Filing 17

ORDER adopting Report and Recommendations re 14 ; decision of the Commissioner of the Social Security Administration is affirmed; case is dismissed with prejudice. Signed by District Judge Halil S. Ozerden on 4/2/2014 (LDR)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

MICHAEL MCLAUGHLIN
v.

PLAINTIFF
CIVIL NO. 2:13-cv-285-HSO-RHW

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION, AFFIRMING
COMMISSIONER’S DECISION, AND DISMISSING CASE WITH
PREJUDICE
This matter is before the Court on submission of the Report and
Recommendation [14] of United States Magistrate Judge Robert H. Walker, entered
in this cause on October 29, 2013. No objections to the Report and Recommendation
have been filed. Where a party fails to file specific objections to a magistrate judge’s
rulings, the district court applies the “clearly erroneous, abuse of discretion and
contrary to law” standard of review. United States v. Wilson, 864 F.2d 1219, 1221
(5th Cir. 1989).
Based on the record before the Court, the undersigned finds that the
Magistrate Judge’s findings are neither clearly erroneous nor contrary to law, and
that he properly recommended that the decision of the Commissioner of the Social
Security Administration be affirmed. After referral of hearing by this Court, no
objections having been filed, and the Court, having fully reviewed the same as well
as the record in this matter, finds that the Magistrate Judge’s Report and
Recommendation [14] should be adopted in its entirety as the finding of this Court,

the Commissioner’s decision should be affirmed, and this case should be dismissed
with prejudice.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendation [14] of United States Magistrate Robert H. Walker entered in this
cause on October 29, 2013, is adopted in its entirety as the finding of the Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that the decision of the
Commissioner of the Social Security Administration is AFFIRMED.
IT IS, FURTHER, ORDERED AND ADJUDGED that this case is
DISMISSED WITH PREJUDICE. A separate judgment will be entered in
accordance with this Order as required by Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED, this the 2nd day of April, 2014.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE