Windham v. Colvin
Filing
18
ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS; denying 11 Motion for Summary Judgment, granting 13 Motion to Affirm filed by Carolyn W. Colvin. A separate judgment will be entered. Signed by District Judge Tom S. Lee on 9/8/15 (LWE)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JESSICA WINDHAM
VS.
PLAINTIFF
CIVIL ACTION NO. 3:14CV250TSL-JCG
CAROLYN W. COLVIN, ACTING COMMISSIONER
OF SOCIAL SECURITY
DEFENDANT
ORDER
This cause is before the court on the objections of plaintiff
Jessica Windham to the report and recommendation of United States
Magistrate Judge John C. Gargiulo on July 2, 2015, recommending
that the government’s motion to affirm the decision of the
Commissioner be granted and that plaintiff’s motion for summary
judgment be denied.
The court, having fully reviewed the report
and recommendation and being duly advised in the premise, and
having conducted a de novo review of those portions of the report
and recommendation to which objections were made, now finds that
the report and recommendation should be adopted as the opinion on
the court over plaintiff’s objections.
Based on the foregoing, it is ordered that plaintiff’s
objections to the report and recommendation are overruled.
It is
further ordered that the report and recommendation of United
States Magistrate Judge John C. Gargiulo be, and the same is
hereby, adopted as the findings of the court.
It follows then
that plaintiff’s motion for summary judgment is denied and that
defendant’s motion to affirm is granted, such that the action will
be dismissed with prejudice.
A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 8th day of September, 2015.
/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE
2
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