MCLAUGHLIN v. ASTRUE
Filing
14
MEMORANDUM OPINION. 8 Motion for Summary Judgment is DENIED; 11 Motion for Summary Judgment is GRANTED; 13 Report and Recommendation is ADOPTED as the Opinion of the Court. Clerk is to mark CASE CLOSED. Signed by Judge Mark R. Hornak on 3/7/12. (bdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LORI MCLAUGHLIN,
Plaintiff,
Civil Action No. 11-687
v.
District Judge Mark Hornak
Magistrate Judge Lisa Pupo Lenihan
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION
The above captioned case is an appeal by Lori McLaughlin (the "Plaintiff') seeking
review of the determination by Michael J. Astrue, the Commissioner of Social Security (the
"Defendant") denying the Plaintiff's application for supplemental security income ("SSI"), under
Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383f.
The Plaintiff filed her
Complaint in this Court on May 23, 2011, and the case was referred to Chief Magistrate Judge
Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28
U.S.c. § 636(b)(1) (the "Act"), and the Local Rules of Civil Procedure 72.C and 72.D (the
"Local Rules"). Subsequently, the parties filed cross motions for summary judgment.
On December 22, 2011, the United States Magistrate Judge filed a Report and
Recommendation [ECF No. 13] recommending that this Court deny Plaintiff's Motion for
Summary Judgment, grant Defendant's Motion for Summary Judgment, and affirm the decision
of the administrative law judge. Plaintiff was informed that, in accordance with § 636(b)(I)(B)
and (C) of the Act and Rule 72.D.2 of the Local Rules, she had fourteen (14) days to file any
objections to the Magistrate Judge's Report and Recommendation. No objections have been
filed to date.
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After a de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the Court will enter the following:
AND NOW, this 7th day of March, 2012,
IT IS HEREBY ORDERED that the Plaintiffs Motion for Summary Judgment [ECF No.
8] is DENIED and the Defendant's Motion for Summary Judgment [ECF No. 11] is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 13], dated
December 22, 2011, as supplemented by this Memorandum Opinion, is ADOPTED as the
Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3
of the Federal Rules of Appellate Procedure.
Mark R. Hornak
United States District Judge
cc: all ECF registered counsel and parties
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