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)

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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. 2 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 3

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