Evans v. Social Security Administration, Commissioner of

Filing 20

ORDER: the Court thus ACCEPTS and ADOPTS Magistrate Judge Carter's 19 findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b). Accordingly, Plaintiff's 11 Motion for Summary Judgment is DENI ED.Defendant's 15 Motion for Summary Judgment is GRANTED. The Commissioner's denial of benefits is AFFIRMED and the instant action is DISMISSED WITH PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 1/15/2010. (BJL) Modified on 1/15/2010 (BJL, ).***Copy of Order mailed to Richard Dorris. . Modified on 1/19/2010 to correct Magistrate Judge's name. (BJL, ).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER DEBORAH EVANS ) ) ) ) ) ) ) ) ) ) ) ) )

Plaintiff, v. MICHAEL J. ASTRUE Commissioner of Social Security, Defendant.

Case No. 4:08-cv-66

Judge Mattice

ORDER United States Magistrate Judge William B. Mitchell Carter filed his report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). [Court Doc. 19.] Neither party filed objections within the given 10 days. After reviewing the record, the Court agrees with Magistrate Judge Carter's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Lee's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b). Accordingly, Plaintiff's Motion for Summary Judgment [Court Doc. 11] is DENIED. Defendant's Motion for Summary Judgment [Court Doc. 15] is GRANTED. The

Commissioner's denial of benefits is AFFIRMED and the instant action is DISMISSED WITH PREJUDICE. The Clerk shall close the case.

SO ORDERED this 15th day of January, 2010.

/s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE