TIMON v. ASTRUE

Filing 15

ORDER denying 10 Motion for Summary Judgment; granting 12 Motion for Summary Judgment; adopting Report and Recommendations 14 . Signed by Judge Donetta W. Ambrose on 1/8/2014. (sps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KIMBERLY S. TIMON,
Plaintiff,
v.
CAROLYN W. COLVIN,1
Comm’r of Soc. Security,
Defendant.

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C.A. No. 12-271 Erie

MEMORANDUM ORDER

Plaintiff's complaint was received by the Clerk of Court on October 31, 2012, 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 October 30, 2013,
recommended that Plaintiff’s Motion for Summary Judgment [Dkt. #10] be denied, Defendant’s
Motion for Summary Judgment [Dkt. #12] be granted, and that the decision of the administrative
law judge be affirmed.
The parties were allowed ten (10) days from the date of service to file objections.
Service was made on Plaintiff and Defendant by NEF.

1

No objections were filed. After de

Carolyn Colvin became the Acting Commissioner of Social Security on February 14, 2013 and is automatically
substituted as the Defendant in this suit pursuant to Federal Rule of Civil Procedure 25(d).

novo review of the pleadings and documents in the case, together with the report and
recommendation, the following order is entered:

AND NOW, this 8th day of January, 2014;
IT IS HEREBY ORDERED that Plaintiff’s Motion for Summary Judgment [Dkt. #10]
is DENIED, and that Defendant’s Motion for Summary Judgment [Dkt. #12] is GRANTED. The
decision of the administrative law judge is affirmed.
The report and recommendation of Magistrate Judge Baxter, dated October 30, 2013, is
adopted as the opinion of the Court.

/s/Donetta W. Ambrose______________
DONETTA W. AMBROSE
United States Senior District Judge

cc:

Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record