Short v. Social Security Administration, Commissioner of

Filing 18

ORDER that Plaintiff's Objections to the Report and Recommendation 16 are OVERRULED. The Report and Recommendation 15 is ACCEPTED IN WHOLE. It is ORDERED that Plaintiff's Motion for Summary Judgment 8 is DENIED; the Commissioner's Motion for Summary Judgment 13 is GRANTED; and the Commissioner's decision denying Plaintiff's application for benefits be AFFIRMED. This case is DISMISSED. Signed by District Judge Thomas A Varlan on 2/11/10. (ABF)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JAMES T. SHORT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER For the reasons stated in the memorandum opinion filed contemporaneously with this order, plaintiff's objections to the report and recommendation of the magistrate judge [Doc. 16] are hereby OVERRULED. Pursuant to 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72(b), the report and recommendation [Doc. 15] is ACCEPTED IN WHOLE. Additionally, and for the reasons stated in the report and recommendation, which the Court adopts and incorporates into its ruling, it is ORDERED that plaintiff's motion for summary judgment [Doc. 8] be DENIED; that the Commissioner's motion for summary judgment [Doc. 13] be GRANTED; and that the Commissioner's decision denying plaintiff's application for benefits be AFFIRMED. This case is DISMISSED. IT IS SO ORDERED. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE No.: 3:08-CV-465 ( VARLAN/GUYTON)

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