Danser v. Astrue

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 17 of Magistrate Judge Shon Erwin...plaintiff filed to object to the Report and Recommendation, waived his right to appellate review of the factual and legal issues it addressed...Commissioner's decision is affirmed. Signed by Honorable Joe Heaton on 09/10/2012. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DALE RICHARD DANSER,
Plaintiff,
vs.
MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration,
Defendant.

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NO. CIV-11-0026-HE

ORDER
Plaintiff Dale Richard Danser filed this action seeking judicial review of the final
decision of the Commissioner of the Social Security Administration denying his application
for disability insurance benefits. Consistent with 28 U.S.C. § 636(b)(1)(B), the case was
referred to Magistrate Judge Shon Erwin, who recommends that the decision of the
Commissioner be affirmed.
Plaintiff, having failed to object to the Report and Recommendation, waived his right
to appellate review of the factual and legal issues it addressed. United States v. One Parcel
of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. § 636(b)(1)(C).
Accordingly, the court adopts Magistrate Judge Erwin’s Report and Recommendation and
affirms the Commissioner’s decision.
IT IS SO ORDERED.
Dated this 10th day of September, 2012.