Carter v. Social Security Administration, Commissioner of

Filing 18

ORDER: The Court ACCEPTS IN WHOLE the Report and Recommendation (Doc. 17 ). Additionally, it is ORDERED that the Commissioner's motion for summary judgment (Doc. 15 ) be GRANTED, and that plaintiff's motion for judgment on the pleadings (Doc. 11 ) be DENIED. Defendant Commissioner's decision in this case denying plaintiff's application for benefits is AFFIRMED. This case is DISMISSED. The Clerk is DIRECTED to close this case. Signed by District Judge Thomas A Varlan on 7/21/2010. (KMK)

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Carter v. Social Security Administration, Commissioner of Doc. 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE JACK H. CARTER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER This Social Security appeal is before the Court on the Report and Recommendation filed by United States Magistrate Judge C. Clifford Shirley, Jr. on June 29, 2010 [Doc. 17]. There have been no timely objections to the Report and Recommendation, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). The magistrate judge recommended that defendant Commissioner's motion for summary judgment [Doc. 15] be granted, and that plaintiff's motion for judgment on the pleadings [Doc. 11] be denied. The Court has carefully reviewed this matter, including the underlying pleadings. The Court is in agreement with the magistrate judge's recommendation, which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 17]. Additionally, it is ORDERED that the Commissioner's motion for summary judgment [Doc. 15] be GRANTED, and that plaintiff's motion for No.: 3:09-CV-126 (VARLAN/SHIRLEY) Dockets.Justia.com judgment on the pleadings [Doc. 11] be DENIED. Defendant Commissioner's decision in this case denying plaintiff's application for benefits is AFFIRMED. DISMISSED. The Clerk is DIRECTED to close this case. IT IS SO ORDERED. This case is s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE 2

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