Cable v. Social Security Administration, Commissioner of

Filing 19

ORDER that the Commissioners Motion for Summary Judgment 15 beGRANTED, and that Plaintiffs Motion for Judgment on the Pleadings 13 be DENIED. Accordingly, the Court ACCEPTS IN WHOLE the R&R 18 . This action is DISMISSED. Signed by District Judge Thomas W Phillips on 11/30/10. (ABF)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

JAMES H. CABLE, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.

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No. 3:09-CV-442 ( Phillips/Guyton)

MEMORANDUM AND OPINION This Social Security appeal is before the Court on the Report and Recommendation ("R&R") filed by United States Magistrate Judge H. Bruce Guyton [Doc. 18]. There have been no timely objections to the R&R [Doc. 18], and enough time has passed since the filing of the R&R [Doc. 18] to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). After a careful review of this matter, the Court is in complete agreement with the magistrate judge's conclusion that the Commissioner's Motion for Summary Judgment [Doc. 15] be GRANTED, and that Plaintiff's Motion for Judgment on the Pleadings [Doc. 13] be DENIED. Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 18] under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). It is ORDERED, for the reasons stated in the R&R [Doc. 18], which the Court adopts and incorporates into its ruling, that the Commissioner's Motion for Summary Judgment [Doc. 15] is GRANTED, and that Plaintiff's Motion for Judgment on the Pleadings [Doc. 13] is DENIED. 1

Accordingly, this action is DISMISSED.

ENTER: s/ Thomas W. Phillips United States District Judge

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