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)

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.

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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

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