Canida v. Social Security Administration, Commissioner of

Filing 21

MEMORANDUM AND ORDER: the Court ACCEPTS and ADOPTS Magistrate Judge Lee's 20 report and recommendation pursuant to 28 U.S.C. § 636 ( b) (1) and Fed.R.Civ.P. 72(b). Accordingly, Plaintiff's 12 motion for judgment on the pleadings is DENIED. Defendant's 18 motion for summary judgment is GRANTED. Judgment is entered AFFIRMING the Commissioners decision. This action is hereby 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. Signed by District Judge R Allan Edgar on 7/30/2009. (BJL )JUDGMENT to follow.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA KELLIE CANIDA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) )

No. 1:08-cv-77 Edgar / Lee

MEMORANDUM AND ORDER

Plaintiff Kellie Canida brings this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final administrative decision of the Commissioner of Social Security denying her a period of disability, disability insurance benefits ("DIB") and supplemental security income ("SSI") under Title II and Title XVI of the Social Security Act, 42 U.S.C. § § 416(i), 423, and 1382. 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 July 8, 2009. [Court Doc. No. 20]. The parties have not filed any timely 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, Plaintiff's motion for judgment on the pleadings is DENIED. [Court Doc. No. 12]. Defendant's motion for summary judgment is GRANTED. [Court Doc. No. 18]. Judgment is entered AFFIRMING the Commissioner's decision. This action is hereby 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 30th day of July, 2009.

/s/ R. Allan Edgar R. ALLAN EDGAR UNITED STATES DISTRICT JUDGE

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