Davis v. Social Security Administration, Commissioner of

Filing 16

ORDER: the Court agrees with Magistrate Judge Carter's 15 Report and Recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter's findings of fact, conclusions of law, and recommendations pursuant to § 636(b) (1) and Rule 72(b). Accordingly, the Court ORDERS that Defendant's 11 Motion for Summary Judgment is DENIED AS MOOT. A separate judgment will enter. Signed by District Judge Harry S Mattice, Jr on 8/26/2009. (BJL) Modified on 8/26/2009 (BJL, ).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at GREENEVILLE KENNETH RAY DAVIS, Pro Se, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER United States Magistrate Judge William B. Mitchell Carter filed his report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b) on August 4, 2009 [Court Doc. 15]. Neither party filed objections within the given 10 days. After reviewing the record, the Court agrees with Magistrate Judge Carter's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b). Accordingly, the Court ORDERS that Defendant's Motion for Summary Judgment [Court Doc. 11] is DENIED AS MOOT. A separate judgment will enter. SO ORDERED this 26th day of August, 2009.

Case No. 2:08-cv-218 Judge Mattice

/s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE