Ballew v. Social Security Administration, Commissioner of

Filing 21

ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 20 . It is ORDERED that plaintiff's Motion for Judgment 11 is DENIED and that the defendant Commissioner's Motion for Summary Judgment 18 is GRANTED. The Defendant Commissioner's decision in this case denying plaintiff's application for supplemental security income and disability insurance benefits is AFFIRMED. The case is DISMISSED, and the Clerk of Court is DIRECTED to close this case. Signed by District Judge Thomas A Varlan on 7/28/11. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JIMMY L. BALLEW, JR.,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No.:

3:10-CV-279
(VARLAN/SHIRLEY)

ORDER
This Social Security appeal is before the Court on the Report and Recommendation
entered by United States Magistrate Judge C. Clifford Shirley on July 8, 2011 [Doc. 20].
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). In the Report and
Recommendation, the magistrate judge recommends that plaintiff’s Motion for Judgment
[Doc. 11] be denied and that the defendant Commission’s Motion for Summary Judgment
[Doc. 18] be granted.
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. 20]. Additionally, it is hereby ORDERED that plaintiff’s

Motion for Judgment [Doc. 11] is DENIED and that the defendant Commission’s Motion
for Summary Judgment [Doc. 18] is GRANTED. The defendant Commissioner’s decision
in this case denying plaintiff’s applications for supplemental security income and disability
insurance benefits is AFFIRMED. The case is DISMISSED, and the Clerk of Court is
DIRECTED to close this case.
IT IS SO ORDERED.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

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