McFadden v. Colvin

Filing 22

ORDER ADOPTING 21 FINDINGS AND RECOMMENDATIONS and denying 11 Motion for Summary Judgment. Signed by Judge Dana L. Christensen on 8/5/2016. (APP, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

LEROY MCFADDEN,

AUG 0 5 2016
Cleric, US District Court
District Of Montana
Missoula

CV 15-82-M-DLC-JCL

Plaintiff,
ORDER
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered findings and
recommendations in this case on July 8, 2016, recommending that Plaintiff Leroy
McFadden's ("McFadden") motion for summary judgment in this Social Security
case be denied. Neither party objected to the findings and recommendations, and
so both have waived the right to de novo review thereof. 28 U.S.C. §
636(b)(l)(C). This Court reviews for clear error those findings and
recommendations to which no party objects. See McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v.
Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe 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) (citations omitted).
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Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Lynch's conclusion that the administrative law judge's
decision was based on substantial evidence and free of legal error.
Accordingly, IT IS ORDERED that Judge Lynch's findings and
recommendations (Doc. 21) are ADOPTED IN FULL. McFadden's motion for
summary judgment (Doc. 11) is DENIED and the Commissioner's decision is
AFFIRMED.
DATED this

5"""day of August, 20

6.

Dana L. Christensen, Chief Judge
United States District Court

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