MILES v. ASTRUE

Filing 14

ORDER denying 7 Motion for Judgment on the Pleadings; granting 9 Motion for Summary Judgment; adopting Report and Recommendations 11 . Signed by Judge Donetta W. Ambrose on 1/8/14. (slh)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYL VANIA

STEPHEN P. MILES,
Plaintiff,

v.
MICHAEL J. AS TRUE,
Defendant.

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C.A.No.12-316Erie

MEMORANDUM ORDER

Plaintiffs complaint was received by the Clerk of Court on December 20, 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 November 26, 2013,
recommended that Plaintiffs Motion for Summary Judgment (ECF No.7) be denied,
Defendant's Motion for Summary Judgment (ECF No.9) be granted, and the decision of the ALJ
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.

Objections were filed by the Plaintiff on

12113/2013; a Response to the Objections was filed 12/23/2013.

After de novo review of the

pleadings and documents in the. case, together with the report and recommendation and
objections thereto, the following order is entered:

AND NOW, this

L

day of January, 2014;

IT IS HEREBY ORDERED that Plaintiffs Motion for Summary Judgment (ECF No.7)
is DENIED, Defendant's Motion for Summary Judgment (ECF No.9) is GRANTED, and the
decision of the ALJ is affirmed.
The report and recommendation of Magistrate Judge Baxter, dated November 26,2013,
is adopted as the opinion of the Court.

~$~

D~.AMBROSE

United States Senior District Judge

cc:

Susan Paradise Baxter
U.S. Magistrate Judge

all parties of record