SCOTT v. COLVIN

Filing 21

ORDER signed by JUDGE LORETTA C. BIGGS on 10/30/2017 adopting the Magistrate Judge's Recommendation, that the Commissioner's decision finding no disability is affirmed, that Plaintiff's Motion for a Judgment Reversing or Modifying th e Decision of the Commissioner of Social Security, or Remanding the Cause for a Rehearing (ECF No. 11 ) is denied, that Defendant's Motion for Judgment on the Pleadings (ECF No. 13 ) is granted, and that this action is dismissed with prejudice. A Judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)

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

DAVID L. SCOTT,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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1:16CV1107

ORDER

The Recommendation of the United States Magistrate Judge was filed with the Court
in accordance with 28 U.S.C. § 636(b) and, on August 31, 2017, was served on the parties in
this action. (ECF Nos. 15, 16.) Plaintiff filed objections to the Magistrate Judge’s
Recommendation. (ECF No. 17.)1 The Court has appropriately reviewed the Magistrate
Judge’s Recommendation and has made a de novo determination in accord with the Magistrate
Judge’s

Recommendation. The

Court

therefore

adopts

the

Magistrate

Judge’s

Recommendation.
IT IS THEREFORE ORDERED that the Commissioner’s decision finding no
disability is affirmed, that Plaintiff’s Motion for a Judgment Reversing or Modifying the
Decision of the Commissioner of Social Security, or Remanding the Cause for a Rehearing
(ECF No. 11) is denied, that Defendant’s Motion for Judgment on the Pleadings (ECF No.

On October 19, 2017, the United States Magistrate Judge granted Plaintiff’s Motion to Strike Defendant’s
Response to Plaintiff’s Objections (ECF No. 19) on grounds of untimeliness (see Text Order dated Oct. 19,
2017).
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13) is granted, and that this action is dismissed with prejudice. A Judgment dismissing this
action will be entered contemporaneously with this Order.

This, the 30th day of October, 2017.

/s/ Loretta C. Biggs
United States District Judge

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