PURNELL v. BARNHART

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS NOT ADOPTED. PLFF'S MOTION FOR SUMMARY JUDGMENT (DOC #7) IS DENIED; AND DEFT'S MOTION FOR SUMMARY JUDGMENT (DOC #8) IS GRANTED. ( SIGNED BY HONORABLE ROBERT F. KELLY ON 8/26/09. ) 8/26/09 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : CALVIN PURNELL, : : Plaintiff, : CIVIL ACTION : v. : No. 06-4168 : MICHAEL J. ASTRUE, : COMMISSIONER OF : SOCIAL SECURITY, : : Defendant. : __________________________________________: ORDER AND NOW, this 26th day of August 2009, upon consideration of the Parties' crossmotions for summary judgment, United States Magistrate Judge Arnold C. Rapoport's Report and Recommendation, and Defendant's objections to the Report and Recommendation, it is hereby ORDERED that: 1. The Report and Recommendation is NOT ADOPTED; 2. Plaintiff's Motion for Summary Judgment (Doc. No. 7) is DENIED; and 3. Defendant's Motion for Summary Judgment (Doc. No. 8) is GRANTED.

BY THE COURT: /s/ Robert F. Kelly ROBERT F. KELLY SENIOR JUDGE