Scealf v. Social Security Administration, Commissioner of

Filing 20

ORDER accepting and adopting 19 Report and Recommendations;denying 15 Motion for Judgment on the Pleadings; granting 17 Motion for Summary Judgment. The decision of the Commissioner is AFFIRMED. AN APPROPRIATE JUDGMENT WILL ENTER. Signed by District Judge Travis R McDonough on 1/2/18. (aws, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
TONYA R. SCEALF,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No. 1:16-CV-391
Judge Travis R. McDonough
Magistrate Judge Susan K. Lee

ORDER

On December 11, 2017, United States Magistrate Judge Susan K. Lee filed a report and
recommendation (Doc. 19) pursuant to Title 28, Section 636(b)(1) of the United States Code and
Rule 72(b) of the Federal Rules of Civil Procedure. Magistrate Judge Lee recommended that:
(1) Plaintiff’s motion for judgment on the pleadings (Doc. 15) be denied; (2) the Commissioner’s
motion for summary judgment (Doc. 17) be granted; and (3) the Commissioner’s decision
denying benefits be affirmed. (See Doc. 19, at 15.)
Plaintiff has not filed objections to Magistrate Judge Lee’s report and recommendation.1
Nevertheless, the Court has conducted a review of the report and recommendation, as well as the
record, and agrees with Magistrate Judge Lee’s well-reasoned conclusions. Accordingly:

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Magistrate Judge Lee specifically advised Plaintiff that she had 14 days in which to object to
the report and recommendation and that failure to do so would waive her right to appeal. (Doc.
19, at 15); see also Fed. R. Civ. P. 72(b)(2); Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting
that “[i]t does not appear that Congress intended to require district court review of a magistrate’s
factual or legal conclusions, under a de novo or any other standard, when neither party objects to
those findings”). Even taking into account the three additional days for service provided by Fed.
R. Civ. P. 6(d), the period in which Plaintiff could timely file any objections has now expired.



The Court ACCEPTS and ADOPTS Magistrate Judge Lee’s findings of fact,
conclusions of law, and recommendations pursuant to 28 U.S.C. § 636(b)(1) and
Rule 72(b) of the Federal Rules of Civil Procedure;



Plaintiff’s motion for judgment on the pleadings (Doc. 15) is DENIED;



Defendant’s motion for summary judgment (Doc. 17) is GRANTED; and



The decision of the Commissioner is AFFIRMED.

AN APPROPRIATE JUDGMENT WILL ENTER.

/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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