McCormick v. Social Security Administration, Commissioner of

Filing 21

ORDER denying plaintiff's motion for summary judgment 14 ; granting defendant's motion for summary judgment 16 and accepting and adopting Magistrate Judge Carter's Report and Recommendations re 20 . Signed by District Judge Harry S Mattice, Jr on 3/24/2010. (AWH, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER JIMMY H. McCORMICK, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) 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. 20.] Neither party filed objections within the given 14 days. After reviewing the record, the Court agrees with Magistrate Judge Carter's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter'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. 14] is DENIED. Defendant's Motion for Summary Judgment [Court Doc. 16] is GRANTED. Plaintiff shall continue to receive benefits from February 4, 2005, the date upon which he was found disabled, and the instant action is DISMISSED WITH PREJUDICE. The Clerk shall close the case.

Case No. 4:09-cv-2 Judge Mattice

SO ORDERED this 24th day of March, 2010.

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