Jordan v. Commissioner of Social Security

Filing 18

ORDER denying 13 Motion for Judgment on the Pleadings; granting 15 Motion for Summary Judgment; accepting and adopting 17 Report and Recommendations. This action is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 1/5/2018. (AML, )

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at GREENEVILLE BETTY SUSAN JORDON, ) ) Plaintiff, ) ) v. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. ) ) Case No. 2:16-cv-322 Judge Mattice Magistrate Judge Corker ORDER On November 30, 2017, United States Magistrate Judge Clifton L. Corker filed a Report and Recommendation (Doc. 17) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Corker recommended that Plaintiff’s Motion for Judgment on the Pleadings (Doc. 13) be denied, and Defendant’s Motion for Summary Judgment (Doc. 15) be granted. Plaintiff has filed no objections to the Magistrate Judge’s Report and Recommendation.1 Nevertheless, the Court has reviewed the record in this matter, and it agrees with the Magistrate Judge’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Corker’s findings of fact and conclusions of law. Plaintiff’s Motion for Judgment on the Pleadings (Doc. 13) is hereby DENIED, Defendant’s Motion for Summary Judgment (Doc. 15) is hereby GRANTED, and this action is hereby DISMISSED WITH PREJUDICE.                                                              1 Magistrate Judge Corker 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 his right to appeal. (Doc. 17 at 17 n. 10); 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 magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). SO ORDERED this 5th day of January, 2018.                   2              /s/ Harry S. Mattice, Jr._____ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE  

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?