ZIRNSAK v. COLVIN

Filing 18

MEMORANDUM ORDER denying 7 Motion for Summary Judgment; granting 11 Motion for Summary Judgment; and adopting 15 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 12/3/13. (njt)

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IN THE UNITED STATES DISTRlCTCOURT FOR THE WESTERN DISTRlCT OF PENNSYLVANIA ROSEANN MARIE ZIRNSAK, Plaintiff, v. CAROLYN' W. COL YIN, Acting Commissioner of Social Security, Defendant. ~ AND NOW, this ) ) ) ) ) ) ) ) ) 2: 13cv303 Electronic Mail MEMORANDUM ORDER _3 _ day of December, 2013, after Plaintiff and Defendant having _ filed their respective Cross Motions for Summary Judgment [ECF Nos. 7 and 11], and after a Report and Recommendation [ECF No. 15] was filed by the United States Magistrate Judge granting the parties fourteen days after being served with a copy to file written objections thereto, and after Plaintiff filed objections thereto [ECF No. 16], and Defendant filed a response [ECF No. 17], and upon independent review of the Motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation [ECF No. 15], which is adopted as the Opinion of this Court, IT IS HEREBY ORDERED that Plaintiffs Objections [ECF No. 16] are OVERRULED as not arbitrary or contrary to law. IT IS FURTHER ORDERED that Plaintiffs Motion for Summary Judgment is DENIED and Defendant's Motion for Summary Judgment [ECF No. 11] is GRANTED. The Clerk shall mark this case CLOSED. David Stewart Cercone United States District Judge cc: Honorable Robert C. Mitchell Elizabeth A. Smith, Esquire Michael Colville, Esquire (Via CMJECF Electronic Mail)

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