Allain v. Social Security Administration, Commissioner of

Filing 20

JUDGMENT ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Motion for Summary Judgment filed by Social Security Administration, Commissioner of, 19 Report and Recommendations, 11 Motion for Judgment on the Pleadings filed by Gary A. Allain Signed by District Judge Curtis L Collier on 8/13/09. (JGK, )

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

No. 1:08-CV-214 Judge Collier / Judge Carter

JUDGMENT ORDER On July 27, 2009, United States Magistrate Judge William B. Mitchell Carter filed a report and recommendation ("R&R") in this case, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b) (Court File No. 19). Neither party has objected to the R&R within the given ten days. After reviewing the record, this Court agrees with the R&R. The Court hereby ACCEPTS and ADOPTS the magistrate judge's findings of fact, conclusions of law, and recommendations (Court File No. 19). Accordingly, the Court ORDERS: (1) (2) (3) The defendant's motion for summary judgment (Court File No. 16) is GRANTED; The plaintiff's motion for judgment on the pleadings (Court File No. 11) is DENIED; and The Commissioner's decision, denying the plaintiff a period of disability and disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 416(I) and 423 is AFFIRMED.

SO ORDERED. ENTER: /s/ CURTIS L. COLLIER CHIEF UNITED STATES DISTRICT JUDGE