Street v. Social Security Administration, Commissioner

Filing 19

ORDER granting 15 Motion for Summary Judgment; 18 Report and Recommendations. The decision of the Commissioner is AFFIRMED; and This case is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 6/28/2012. (BJL)Mailed to Chad R Street

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at GREENEVILLE
CHAD R. STREET,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Case No. 2:09-cv-266
Judge Mattice
Magistrate Judge Carter

ORDER
On April 19, 2012, United States Magistrate Judge William Carter filed his Report
and Recommendation (Doc. 18) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of
Civil Procedure 72(b). Magistrate Judge Carter recommended that Defendant’s Motion for
Summary Judgment (Doc. 15) be granted, the Decision of the Commissioner be affirmed,
and this action be dismissed.
Plaintiff has filed no objections to the Magistrate Judge’s Report and
Recommendation.1

Nevertheless, the Court has reviewed the Report and

Recommendation as well as the record, and it agrees with Magistrate Judge Carter’s wellreasoned conclusions.
Accordingly:
•

The Court ACCEPTS and ADOPTS Magistrate Judge Carter’s findings of fact,

1

Magistrate Judge Carter specifically advised Plaintiff that he had 14 days in which to object to the
Report and Recom m endation and that failure to do so would waive his right to appeal. (Doc. 18 at 13 n.4);
see Fed. R. Civ. P. 72(b)(2); see also 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 m agistrate's factual or legal conclusions,
under a de novo or any other standard, when neither party objects to those findings”). The period in which
Plaintiff could tim ely file objections has expired.

conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b);
•

Defendant’s Motion for Summary Judgment (Doc. 15) is GRANTED;

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The decision of the Commissioner is AFFIRMED; and

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This case is hereby DISMISSED WITH PREJUDICE.
SO ORDERED this 28th day of June, 2012.

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

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