Garcia v. Commissioner of Social Security

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS 31 by Chief Judge Ralph R. Erickson. Defendant's 25 Motion for Summary Judgment is granted; Plaintiff's 11 Motion to Remand is denied; and Plaintiff's 19 Motion for Summary Judgment is denied.(SH)

-KKK Garcia v. Commissioner of Social Security

Doc. 32

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION Alberto Garcia, Plaintiff, -vsMichael J. Astrue, Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 3:09-cv-26 ORDER ADOPTING REPORT AND RECOMMENDATIONS

Plaintiff Alberto Garcia ("Garcia") initiated this action seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner"). The Commissioner denied Garcia's application for disability insurance benefits and supplemental security income. The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that Garcia's motion for "sentence four" reversal and remand be denied; that Garcia's motion for summary judgment be denied; and that the Commissioner's motion for summary judgment be granted (Doc. #31). No party has filed objections within the time prescribed by Fed. R. Civ. P. 72(b)(2) and Local Rule 72.1(D)(3). The Court has reviewed the Report and Recommendation, along with the entire file, and agrees with the Magistrate Judge's analysis and recommendations. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Garcia's motion for "sentence four" reversal and remand (Doc. #11) is DENIED; Garcia's motion for summary judgment (Doc. #19) is DENIED; and the Commissioner's motion for

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summary judgment (Doc. #25) is GRANTED, and the decision of the Commissioner is AFFIRMED. IT IS SO ORDERED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this 17th day of September, 2010. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

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