Metcalf v. Social Security Administration, Commissioner of
Filing
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ORDER that the Court ACCEPTS IN WHOLE the Report and Recommendation 20 . It is ORDERED that Plaintiff's Motion for Summary Judgment 18 is GRANTED. The Commissioner's decision in this case denying plaintiff's application for disability, disability insurance benefits and supplemental security income is AFFIRMED. This case is DISMISSED, and the Clerk of Court is DIRECTED to close this case. Signed by District Judge Thomas A Varlan on 1/9/12. (ABF)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
EARL DAVID METCALF,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
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No.:
3:10-CV-444
(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, Jr., on December 5, 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 the plaintiff’s motion
for summary judgment [Doc. 14] be denied and that the Commissioner’s motion for summary
judgment [Doc. 18] be granted.
The Court has carefully reviewed this matter, including the underlying motions and
the complaint. 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 Summary Judgment [Doc. 14] is DENIED and the
Commissioner’s Motion for Summary Judgment [Doc. 18] is GRANTED.
The
Commissioner’s decision in this case denying plaintiff’s application for disability, disability
insurance benefits, and supplemental security income is AFFIRMED.
This 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
ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT
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