Pierson v. Astrue
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 20 Findings and Recommendations, 11 Motion for Summary Judgment filed by Shane E. Pierson, 16 Motion for Summary Judgment filed by Michael J. Astrue. Pierson's Motion for Summary Judgment (dkt #11) is DENIED, the Commissioner's Motion for Summary Judgment (dkt #16) is GRANTED, and the Commissioner's decision is AFFIRMED. Signed by Judge Donald W. Molloy on 4/18/2011. (APP, )
APR f 8 2011
:'ATRICK E. DUFFY, c~
IlEPlJfV a.&fj(; ~_~
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
SHANE E. PIERSON,
MICHAEL J. ASTRUE,
Commissioner of Social Security,
This is a request for judicial review under 42 U.S.C. § 405(g) of the
decision of the Commissioner of Social Security which denied Plaintiff Shane E.
Pierson his application for disability insurance benefits under Title II of the Social
Security Act ("the Act"), 42 U.S.C. §§ 401-433, and for supplemental security
income benefits under Title XVI of the Act, 42 U.S.C. §§ 1381-1383(c). United
States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendation on March 16,2011 and recommended denying Pierson's motion
for summary judgment, granting the Commissioner's motion for summary
judgment, and affirming the Commissioner's decision. Plaintiff did not timely
object to the Findings and Recommendation, and so has waived the right to de
novo review of the record. 28 U.S.C. § 636(b)(1). This Court will review the
Findings and Recommendation for clear error. McDonnell Douglas Com. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error
exists if the Court is left with a "definite and firm conviction that a mistake has
been committed." United States v. Syrax, 235 F.3d 422,427 (9th Cir. 2000).
Plaintiffs motion for summary judgment was filed on October 14,2010 and
requested that judgment be entered in his favor and the decision of the
Commissioner be reversed and set aside or, in the alternative, that Plaintiffs case
be remanded to the Commissioner for additional administrative proceedings. The
Commissioner's motion for summary judgment was filed on December 30, 2010
and requested that the Commissioner's decision be affirmed. After review, Judge
Lynch concluded that the ALl's decision is based on substantial evidence and free
of legal error. After a review of Judge Lynch's Findings and Recommendation, I
find no clear error. Accordingly,
IT IS HEREBY ORDERED that Judge Lynch's Findings and
Recommendation (dkt #20) are adopted in full. Pierson's Motion for Summary
Judgment (dkt #11) is DENIED, the Commissioner's Motion for Summary
Judgment (dkt #16) is GRANTED, and the Commissioner's decision is
~y of April, 2011.
olloy, District Judge
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