DANIELS v. ASTRUE

Filing 16

ORDER THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT IS DENIED. THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFFS OBJECTIONS ARE OVERRULED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 12/14/2009. 12/16/2009 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ JASON DANIELS, : Plaintiff, : : v. : : MICHAEL J. ASTRUE, : Defendant. : __________________________________________:

CIVIL ACTION

No. 09-1379

ORDER AND NOW, this 14th day of December, 2009, upon consideration of Plaintiff's request for review, Defendant's response, and after careful review of the Report and Recommendation of United States Magistrate Judge Timothy R. Rice and the objections thereto, it is hereby ORDERED that: 1. 2. 3. 4. Plaintiff's Motion for Summary Judgment (doc. no. 8), is DENIED; The Report and Recommendation is APPROVED and ADOPTED; Plaintiff's objections are OVERRULED; and Judgment is entered in favor of Defendant. The Clerk of Court is directed to mark this case closed.

BY THE COURT:

/s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J.