Mason v. Colvin
Filing
14
ORDER denying 9 Plaintiff's Motion for Summary Judgment; granting 10 Defendant's Motion for Summary Judgment; accepting 13 the Magistrate Judge's Memorandum and Recommendation; and the decision of the Commissioner is AFFIRMED. FURTHER ORDERED that this case is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Martin Reidinger on 6/20/2017. (khm)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00148-MR-DLH
RICKY L. MASON,
)
)
Plaintiff,
)
)
vs.
)
)
)
NANCY A. BERRYHILL, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
_______________________________ )
ORDER
THIS MATTER is before the Court on the Plaintiff’s Motion for
Summary Judgment [Doc. 9]; the Defendant’s Motion for Summary
Judgment [Doc. 10]; and the Magistrate Judge’s Memorandum and
Recommendation [Doc. 13] 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 May 30, 2017, the Magistrate Judge filed a Memorandum and
Recommendation [Doc. 13] in this case containing proposed conclusions of
law in support of a recommendation regarding the motions [Docs. 9 and 10].
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. 13], the Court finds that the proposed findings of fact are correct and
that 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. 13] is ACCEPTED; the Plaintiff's
Motion for Summary Judgment [Doc. 9] is DENIED; the Defendant’s Motion
for Summary Judgment [Doc. 10] 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.
The Clerk shall entered a judgment contemporaneously herewith.
IT IS SO ORDERED.
Signed: June 20, 2017
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