McClellan v. Astrue

Filing 17

ORDER denying 12 Motion for Summary Judgment; granting 14 Motion for Summary Judgment; accepting 16 Memorandum and Recommendations; the decision of the Commissioner is AFFIRMED. Signed by District Judge Martin Reidinger on 10/28/13. (nll)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:12-cv-00255-MR-DLH AMY LYNN McCLELLAN, ) ) Plaintiff, ) ) vs. ) ) ) CAROLYN W. COLVIN, Acting ) Commissioner of Social Security, ) ) Defendant. ) _______________________________ ) ORDER THIS MATTER is before the Court on the Plaintiff’s Motion for Summary Judgment [Doc. 12]; the Defendant’s Motion for Summary Judgment [Doc. 14]; and the Magistrate Judge’s Memorandum and Recommendation [Doc. 16] regarding the disposition of those motions. Pursuant to 28 U.S.C. § 636(b) and a specific Order of referral of the District Court, the Honorable Dennis L. Howell, United States Magistrate Judge, was designated to consider these pending motions in the abovecaptioned action and to submit to this Court a recommendation for the disposition of these motions. On October 8, 2013, the Magistrate Judge filed a Memorandum and Recommendation [Doc. 16] in this case containing proposed conclusions of law in support of a recommendation regarding the motions [Docs. 12 and 14]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has expired, and no written objections to the Memorandum and Recommendation have been filed. After a careful review of the Magistrate Judge's Recommendation [Doc. 16], the Court finds that the proposed factual findings are correct and the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's Recommendation that the Defendant’s Motion for Summary Judgment be granted and that the decision of the Commissioner be affirmed. IT IS, THEREFORE, ORDERED that the Magistrate Judge's Memorandum and Recommendation [Doc. 16] is ACCEPTED; the Plaintiff's Motion for Summary Judgment [Doc. 12] is DENIED; the Defendant’s Motion for Summary Judgment [Doc. 14] is GRANTED; and the decision of the Commissioner is AFFIRMED. 2 IT IS FURTHER ORDERED that this case is hereby DISMISSED WITH PREJUDICE. A judgment shall be entered simultaneously herewith. IT IS SO ORDERED. Signed: October 28, 2013 3

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