Wooten v. Commissioner of the Social Security Administration

Filing 24

ORDER ADOPTING ON REPORT AND RECOMMENDATIONS for 21 Report and Recommendations, affirming the decision of the Commissioner. Signed by Honorable Richard M Gergel on 8/1/2012. (ydav, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Brian E. Wooten,
Plaintiff,
vs.
Michael J. Astrue, Commissioner
of Social Security Administration,
Defendant.

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Civil Action No.1: 11-705-RMG

ORDER

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This matter is before the Court upon the recommendation of Magistrate Judge Shiva V.
Hodges that the decision of the Defendant denying Social Security benefits to Plaintiff be
affirmed. (Dkt. No. 21). This matter was initially referred to the Magistrate Judge for pre-trial
handling pursuant to 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C. The Magistrate Judge
issued a Report and Recommendation ("R & R") on July 11, 2012 and advised the parties that
any objections to the R & R must be filed within 14 days of service. (Dkt. No. 21 at 33). The
parties were further advised that a failure to file specific objections to the R & R would result in
limited review by the Court and a waiver of the right to appeal. Id. See also, Diamond v.

Colonial Life and Accident Insurance Company, 416 F.3d 310,315 (4th Cir. 2005). Neither
party has filed objections to the Magistrate Judge's R & R.
The Court has reviewed the record in this matter, the decision of the Administrative Law
Judge (which became the decision of the Commissioner after denial of review by the Appeals
Council), the R & R of the Magistrate Judge and the applicable law. The Court finds that the
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Magistrate Judge has ably and thoroughly addressed the factual and legal issues in this appeal.
Consequently, the Court hereby ADOPTS the Report and Recommendation of the Magistrate
Judge as the order of the Court and AFFIRMS the decision of the Commissioner.
AND IT IS SO ORDERED.

rf£;Ger~

Rlchard Mark
United States District Judge

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2012
August
Charleston, South Carolina

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