Smith v. Colvin

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS over plaintiff's objections; granting 12 Motion to Affirm. A separate judgment will be entered dismissing this action with prejudice. Signed by District Judge Tom S. Lee on 9/17/15 (LWE)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
ANDREW J. SMITH
VS.

PLAINTIFF
CIVIL ACTION NO. 3:14CV404TSL-JCG

CAROLYN W. COLVIN, ACTING COMMISSIONER
OF SOCIAL SECURITY

DEFENDANT

ORDER
This cause is before the court on the objections of plaintiff
Andrew J. Smith to the report and recommendation of United States
Magistrate Judge John C. Gargiulo on July 1, 2015, recommending
that the government’s motion to affirm the decision of the
Commissioner be granted.

The court, having fully reviewed the

report and recommendation and being duly advised in the premises,
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 of 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 government’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 17th day of September, 2015.

/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE

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