MENUTO v. ASTRUE
Filing
13
MEMORANDUM JUDGMENT ORDER: AND NOW, this 5th Day of July, 2012; IT IS ORDERED that: (i) the Plaintiff's Motion for Summary Judgment 7 shall be, and hereby is, DENIED; (ii) the Defendant's Motion for Summary Judgment 10 shall be, and h ereby is, GRANTED; and (iii) the decision of the ALJ shall be, and hereby is, AFFIRMED. Consistent with the foregoing, IT IS FURTHER ORDERED that JUDGMENT shall be, and hereby is, ENTERED in favor of the DEFENDANT, Michael J. Astrue, Commissioner of Social Security, and against the Plaintiff, Angelo Thomas Menuto, II. The report and recommendation of Magistrate Judge Baxter, dated June 13, 2012 12 , is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 07/05/2012. (kas)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANGELO THOMAS MENUTO, II,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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Case No. 1:11-cv-264-SJM-SPB
MEMORANDUM JUDGMENT ORDER
Plaintiff’s complaint was received by the Clerk of Court on November 4, 2011 and
was referred to United States Magistrate Judge Susan Paradise Baxter for report and
recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and
Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation, filed on June13, 2012
[12], recommends that: (i) the Plaintiff’s Motion for Summary Judgment [7] be denied,
(ii) the Defendant’s Motion for Summary Judgment [10] be granted, and (iii) the decision
of the administrative law judge (“ALJ”) be affirmed. The parties were allowed fourteen
(14) days from the date of service in which to file objections. The parties, through their
respective counsel, were served electronically on June13, 2012. No objections were
filed. After de novo review of the complaint and documents in the case, together with
the report and recommendation, the following order is entered:
1
AND NOW, this 5th Day of July, 2012;
IT IS ORDERED that: (i) the Plaintiff’s Motion for Summary Judgment [7] shall
be, and hereby is, DENIED; (ii) the Defendant’s Motion for Summary Judgment [10]
shall be, and hereby is, GRANTED; and (iii) the decision of the ALJ shall be, and hereby
is, AFFIRMED.
Consistent with the foregoing, IT IS FURTHER ORDERED that JUDGMENT
shall be, and hereby is, ENTERED in favor of the DEFENDANT, Michael J. Astrue,
Commissioner of Social Security, and against the Plaintiff, Angelo Thomas Menuto, II.
The report and recommendation of Magistrate Judge Baxter, dated June 13,
2012 [12], is adopted as the opinion of this Court.
s/
SEAN J. McLAUGHLIN
Sean J. McLaughlin
United States District Judge
cc:
all parties of record
U.S. Magistrate Judge Baxter
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