Bleski v. Astrue

Filing 19

ORDER REGARDING REPORT AND RECOMMENDATIONS Affirming 16 Report and Recommendation. Plaintiff Gary Bleski's Complaint 1 is DISMISSED with prejudice. FURTHER ORDERED that Plaintiff's Request for Oral Argument 14 is DENIED. FURTHER ORDE RED that Plaintiff's Motion for Remand 9 is DENIED. FURTHER ORDERED that the Commission's Cross-Motion for Summary Judgment 11 is GRANTED and that the Clerk shall enter judgment in favor of Defendant and against Plaintiff Gary J. Bleski. Signed by Judge Philip M. Pro on 8/30/11. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA -oOo- 6 7 GARY BLESKI, Plaintiff, 8 9 vs. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL 11 SECURITY, 10 12 Defendant. 13 ) ) ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-02464-PMP-PAL ORDER Before the Court for consideration is Plaintiff Gary Bleski’s Complaint 14 15 (Doc. #1), filed on December 31, 2009. On July 19, 2001, the Honorable Peggy A. 16 Leen, United States Magistrate Judge, entered a Report of Findings and 17 Recommendation (Doc. #16), recommending that Plaintiff Bleski’s Complaint (Doc. 18 #1) should be denied. On August 6, 2011, Plaintiff filed his Objection thereto (Doc. 19 #17) and on August 22, 2011, Defendant filed his Response to Plaintiff’s Objection 20 (Doc. #18). The Court has conducted a de novo review of the record in this case in 21 22 accordance with 28 U.S.C.§ 636(b)(1)(B) and Local Rule IB 1-4 and determines that 23 Magistrate Judge Leen’s Report of Findings and Recommendation should be 24 Affirmed. 25 /// 26 /// 1 IT IS THEREFORE ORDERED that Magistrate Judge Leen’s Report of 2 Findings and Recommendation (Doc. #16) are Affirmed and Plaintiff Gary Bleski’s 3 Complaint (Doc. #1) is DISMISSED with prejudice. 4 5 6 7 8 IT IS FURTHER ORDERED that Plaintiff’s Request for Oral Argument (Doc. #14) is DENIED. IT IS FURTHER ORDERED that Plaintiff’s Motion for Remand (Doc. #9) is DENIED. IT IS FURTHER ORDERED that the Commission’s Cross-Motion for 9 Summary Judgment (Doc. #11) is GRANTED and that the Clerk of Court shall 10 forthwith enter Judgment in favor Defendant and against Plaintiff Gary J. Bleski. 11 12 DATED: August 30, 2011. 13 14 PHILIP M. PRO United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 2

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