Benson v. Astrue

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION 21 Report and Recommendation of Magistrate Judge Gary Purcell and affirms the Commissioner's decision. Signed by Honorable Joe Heaton on 06/28/2013. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
SHANE C. BENSON,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.

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NO. CIV-12-0813-HE

ORDER
Plaintiff Shane Benson 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 Gary M. Purcell, who recommends that the decision of the
Commissioner be affirmed.

Objections to the magistrate judge’s Report and

Recommendation were due by June 17, 2013.
The parties, having failed to object to the Report and Recommendation, waived their
right to appellate review of the factual and legal issues it addressed United States v. 2121
E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(C) (“A
judge of the court shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” (emphasis
added)).

Accordingly, the court ADOPTS Magistrate Judge Purcell’s Report and

Recommendation [Doc. #21], and AFFIRMS the Commissioner’s decision.

IT IS SO ORDERED.
Dated this 27th day of June, 2013.

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