Green v. Social Security Administration, Commissioner of

Filing 15

ORDER denying plaintiff's motion for summary judgment 10 ; granting defendant's motion for summary judgment 12 and adopting Report and Recommendations re 14 . Signed by District Judge R Allan Edgar on 10/28/08. (AWH, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA KATHY B. GREEN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 1:08-cv-2 Judge Edgar MEMORANDUM AND ORDER Plaintiff Kathy B. Green brings this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of the final administrative decision of the Commissioner of Social Security denying her a period of disability and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 416(i) and 423. This case was referred to United States Magistrate Judge Susan K. Lee pursuant to 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72(b) for a report and recommendation. Magistrate Judge Lee filed her report and recommendation on October 7, 2008. [Doc. No. 14]. The parties have not timely filed any objections. After reviewing the record, the Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72(b). Accordingly, the plaintiff's motion for summary judgment [Doc. No. 10] is DENIED. The defendant's motion for summary judgment [Doc. No. 12] is GRANTED pursuant to Fed. R. Civ. 1 P. 56. The administrative decision of the Commissioner of Social Security will be AFFIRMED. The plaintiff's complaint will be DISMISSED WITH PREJUDICE with each party to bear their own costs of this action. The Clerk of Court is DIRECTED to enter a final judgment in accordance with this memorandum and order. The Clerk of Court shall close the record in this case. SO ORDERED. ENTER this the 28th day of October, 2008. /s/ R. Allan Edgar R. ALLAN EDGAR UNITED STATES DISTRICT JUDGE 2

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