Smith v. Social Security Administration, Commissioner of

Filing 26

JUDGMENT ORDER denying 18 Motion for Judgment on the Pleadings; granting 20 Motion for Summary Judgment; accepting and adopting 22 Report and Recommendations. The Court AFFIRMS the Commissioner's decision and DISMISSES the case. Signed by District Judge Curtis L Collier on 2/7/2013. (BJL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
JESSICA LYNN SMITH, a/k/a JESSICA
LYNN CASTANEDA,
Plaintiff,
v.
MICHAEL J. ASTRUE
Commissioner of Social Security
Defendant.

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Case No. 1:11-CV-296
Collier/Lee

JUDGMENT ORDER
Plaintiff Jessica Lynn Smith (“Plaintiff”) brought this action on October 17, 2011, seeking
judicial review of the final decision of the Commissioner of Social Security (“Defendant”) denying
Plaintiff 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,
1382. The Court referred the matter to United States Magistrate Judge Susan K. Lee, pursuant to
28 U.S.C. § 636(b) and in accordance with Rule 72(b) of the Federal Rules of Civil Procedure for
a report and recommendation (“R&R”) regarding the disposition of Plaintiff’s motion for judgment
on the pleadings (Court File No. 18) and Defendant’s motion for summary judgment (Court File No.
20). The magistrate judge filed an R&R (Court File No. 22) recommending the decision of the
Commissioner be affirmed, Plaintiff’s motion for judgment on the pleadings be denied (Court File
No. 18), Defendant’s motion for summary judgment be granted (Court File No. 20), and the case be
dismissed. Plaintiff timely filed an objection to the R&R (Court File No. 23). For the reasons
discussed in the accompanying memorandum, the Court ACCEPTS and ADOPTS the magistrate
judge’s R&R (Court File No. 22). The Court DENIES Plaintiff’s motion for judgment on the

pleadings (Court File No. 18), and GRANTS Defendant’s motion for summary judgment (Court File
No. 20). The Court AFFIRMS the Commissioner’s decision and DISMISSES the case.
SO ORDERED.
ENTER:
/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT