Ayende v. Social Security Administration, Commissioner of

Filing 17

ORDER denying 10 Motion for Judgment as a Matter of Law; granting 12 Motion for Summary Judgment; adopting Report and Recommendations re 14 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on 3/3/09. (JGM, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER MARY ANNE AYENDE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER United States Magistrate William B. Carter filed his Report and Recommendation [Court Doc. 14] pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). Plaintiff has filed timely objections. (Court Doc. 15.) The Court has reviewed de novo those portion of Magistrate Judge Carter's Report and Recommendation to which an objection has been made. Fed. R. Civ. Proc. 72(b). The Court finds that Plaintiff's objections raise no new arguments but are simply a reargument of issues previously raised on summary judgment and which were fully addressed in the Report and Recommendation. The Court finds that further analysis of these same arguments would be merely cumulative and is unwarranted in light of Magistrate Judge Carter's well-reasoned and well-supported Report and Recommendation. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Carter's findings of fact, conclusions of law, and recommendations pursuant to 636(b)(1) and Rule 72(b). Plaintiff's objections [Court Doc. 14] are OVERRULED. Plaintiff's Motion for Judgment on the Administrative Record [Court Doc. 10] is DENIED. Defendant's Motion for Summary Judgment [Court Doc. 12] is GRANTED. The Commissioner's denial of benefits is Case No. 4:08-cv-19 Judge Mattice AFFIRMED and the instant action is DISMISSED WITH PREJUDICE. The Clerk shall close the case. SO ORDERED this 3rd day of March, 2009. /s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE -2-

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