Alstatt v. Commissioner of Social Security

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 16 report and recommendations of Magistrate Judge Gary Purcell...the decision of the Commissioner is affirmed. Signed by Honorable Joe Heaton on 04/24/2014. (lam)

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

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NO. CIV-13-0675-HE

ORDER
Plaintiff Tracy A. Alstatt filed this action seeking judicial review of the final decision
of the Commissioner of the Social Security Administration denying his applications for
disability insurance and supplemental security income 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 April 23, 2014.
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. #16], and AFFIRMS the Commissioner’s decision.

IT IS SO ORDERED.
Dated this 24th day of April, 2014.

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