MCLENDON v. COLVIN

Filing 28

ORDER signed by JUDGE JAMES A. BEATY, JR on 01/05/2016, that the court therefore adopts the Magistrate Judge's Recommendation, and that Defendant's motion for judgment on the pleadings (Docket Entry 22 ) is GRANTED. FUR THER that to the extent Plaintiff's response (Docket Entry 17 ) is construed as a motion to dismiss, this motion is DENIED. FURTHER that Defendant's motion to dismiss for failure to prosecute (Docket Entry 13 ) is DENIED as moot. A Judgment dismissing this action will be entered contemporaneously with this Order. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

DENISE GADDY MCCLENDON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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ORDER
1:14CV498

On November 23, 2015, in accordance with 28 U.S.C. § 636(b),
the Recommendation of the United States Magistrate Judge was
filed and served on the parties in this action, and a copy was
given to the court.
Within the time limitation set forth in the statute,
Plaintiff objected to the Recommendation.
The court has made a de novo determination which is in
accord with the Magistrate Judge’s report.

The court therefore

adopts the Magistrate Judge’s Recommendation.
IT IS THEREFORE ORDERED that Defendant’s motion for judgment
on the pleadings (Docket Entry 22) is GRANTED.

IT IS FURTHER

ORDERED that to the extent Plaintiff’s response (Docket Entry 17)
is construed as a motion to dismiss, this motion is DENIED. IT IS
FURTHER ORDERED that Defendant’s motion to dismiss for failure to
prosecute (Docket Entry 13) is DENIED as moot.

A Judgment

dismissing this action will be entered contemporaneously with
this Order.
This, the 5th day of January, 2016.

United States District Judge