Enright v. Social Security Administration, Commissioner of

Filing 20

ORDER denying 15 Motion for Judgment on the Pleadings; granting 17 Motion for Summary Judgment; adopting Report and Recommendations re 19 Report and Recommendations. Signed by District Judge Harry S Mattice, Jr on 1/23/14. (KFB, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER EMILY WREDT, o/b/o E.E., ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. Case No. 4:12-cv-77 Judge Mattice Magistrate Judge Carter ORDER On January 2, 2014, United States Magistrate Judge William B. Carter filed a Report and Recommendation (Doc. 19) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Carter recommended that Plaintiff’s Motion for Judgment on the Pleadings (Doc. 15) be DENIED, Defendant’s Motion for Summary Judgment (Doc. 17) be GRANTED, a judgment be entered pursuant to Rule 58 of the Federal Rules of Civil Procedure AFFIRMING the Commissioner’s decision denying benefits to Plaintiff, and this action be DISMISSED. Plaintiff has filed no objections to the Magistrate Judge’s Report and Recommendation.1 Nevertheless, the Court has reviewed de novo the record in this matter, and it agrees with the Magistrate Judge’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Carter’s findings of fact and conclusions of law. Plaintiff’s Motion for Judgment on the                                                              Magistrate Judge Carter specifically advised Plaintiff that she had 14 days in which to object to the Report and Recommendation and that failure to do so would waive her right to appeal. (Doc. 19); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). 1 Pleadings (Doc. 15) is DENIED, Defendant’s Motion for Summary Judgment (Doc. 17) is GRANTED, the decision of the Commissioner is AFFIRMED, and this action is hereby DISMISSED. SO ORDERED this 23rd day of January, 2014. /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE 2   

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