Duncan v. Social Security Administration, Commissioner of (TV2)

Filing 18

ORDER; the Court ACCEPTS IN WHOLE the Report and Recommendation 17 , and it is hereby ORDERED that Plaintiff's Motion for Summary Judgment 13 is DENIED and the Commissioner's Motion for Summary Judgment 15 is GRANTED . The Commissioner's decision in this case denying plaintiff's application for disability, disability insurance benefits, and/or 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 4/9/12. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
JEFFREY DUNCAN,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No.:

3:11-CV-367
(VARLAN/GUYTON)

ORDER
This Social Security appeal is before the Court on the Report and Recommendation
entered by United States Magistrate Judge H. Bruce Guyton, on March 15, 2012 [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). In the Report and
Recommendation, the magistrate judge recommends that the plaintiff’s motion for summary
judgment [Doc. 13] be denied and that the Commissioner’s motion for summary judgment
[Doc. 15] 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. 17], and it is hereby ORDERED that

Plaintiff’s Motion for Summary Judgment [Doc. 13] is DENIED and the Commissioner’s
Motion for Summary Judgment [Doc. 15] is GRANTED. The Commissioner’s decision in
this case denying plaintiff’s application for disability, disability insurance benefits, and/or
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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