Peters v. Social Security Administration, Commissioner of

Filing 19

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 18 . Additionally, it is ORDERED that the Commissioners motion for summary judgment 15 be GRANTED, and that plaintiffs motion for summary judgment 11 be DENIED. Defendant Commissioners decision in this case denying plaintiffs 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 8/4/10. (ABF)

Peters v. Social Security Administration, Commissioner of

Doc. 19

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ELIZABETH A. PETERS, 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 July 16, 2010 [Doc. 18]. 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 summary judgment [Doc. 11] be denied. The Court has carefully reviewed this matter, including the underlying pleadings. The Court agrees 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. 18]. Additionally, it is ORDERED that the Commissioner's motion for summary judgment [Doc. 15] be GRANTED, and that plaintiff's motion for summary

No.:

3:09-CV-319 (VARLAN/SHIRLEY)

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judgment [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. IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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