TURNER v. COLVIN

Filing 24

MEMORANDUM ORDER - Plaintiff's Objections are Overruled; and Plaintiff's Motion for Summary Judgment is Denied 12 ; Defendant's Motion for Summary Judgment is Granted 18 ; Adopting Magistrate Judge Mitchell's Report and Recommendations 21 as the Opinion of the Court. Signed by Judge Arthur J. Schwab on 3/6/15. (lck)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LARRY ROLLAND TURNER, JR.,
Plaintiff,
vs.

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CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

Civil Action No. 14-709

MEMORANDUM ORDER

On June 5, 2014, Plaintiff Larry Rolland Turner, Jr. filed a complaint against the
Commissioner of Social Security seeking judicial review of the denial of his claims for Disability
Insurance and Supplemental Security Income benefits. The case was referred to a United States
Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28
U.S.C. § 636(b)(l)(A) and (B), and Rules 72(C)(l) and 72(C)(2) of the Local Rules for
Magistrate Judges.
On January 29, 2015, the magistrate judge filed a Report and Recommendation,
recommending that Plaintiffs motion for summary judgment [ECF No. 12] be denied and the
Defendant, the Commissioner of Social Security's motion for summary judgment [ECF No. 18]
be granted. See Rep. and Rec. [ECF No. 12].
Service of the Report and Recommendation was made on the parties. The parties were
informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l)(B) and (C),
and the Local Rule of Court 72.D.2, they had fourteen (14) days to file any objections. On
February 14, 2015, Plaintiff timely filed objections. [ECF No. 22].

On February 25, 2015,

Defendant filed a timely response to Plaintiffs objections. [ECF No. 23].
After a de novo review of the pleadings and documents in this case, together with the
Report and Recommendation, and the pleadings thereto, the following Order is entered:
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AND NOW, this {;.

~day ofMarch, 2015,

IT IS HEREBY ORDERED that Plaintiffs Objections are OVERRULED; and
IT IS FURTHER ORDERED that Plaintiffs motion for summary judgment [ECF No.
12] is DENIED and that Defendant's motion for summary judgment [ECF No. 18] is
GRANTED.
Magistrate Judge Mitchell's Report and Recommendation [ECF No. 21] dated January
29, 2015 is adopted as the Opinion of the Court.

cc:

Magistrate Judge Robert C. Mitchell
United States District Court
Western District of Pennsylvania
all counsel of record via CMIECF electronic filing

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