Burgess v. Social Security Administration, Commissioner of (PLR1)

Filing 21

MEMORANDUM OPINION in support of the following Judgment Order. Signed by District Judge Pamela L. Reeves on 8/17/17. (ADA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE JAMES BURGESS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) 1:16-cv-00210 REEVES/LEE MEMORANDUM OPINION This Social Security appeal is before the court on the Report and Recommendation filed by United States Magistrate Judge Susan K. Lee [R. 20]. There have been no timely objections to the Report and Recommendation, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). After a careful review of the record and the parties’ pleadings, the court is in complete agreement with the Magistrate Judge’s recommendation that plaintiff’s motion for judgment on the pleadings be denied, and the Commissioner’s motion for summary judgment be granted. Accordingly, the court ACCEPTS IN WHOLE the Report and Recommendation under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons stated in the Report and Recommendation, which the court adopts and incorporates into its ruling, that the plaintiff’s motion for judgment on the pleadings [R. 14] is DENIED; the Commissioner’s motion for summary judgment [R. 16] is GRANTED; the Commissioner’s decision in this case denying plaintiff’s application for benefits under the Social Security Act is AFFIRMED; and this case is DISMISSED. Enter: ______________________________________ ___________________________________ _ _ _ _ UNITED STATES DISTRICT A S S C UNITED STATES DISTRICT JUDGE

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