Brown v. Social Security Administration, Commissioner of

Filing 13

ORDER denying 9 Motion to Dismiss; adopting Report and Recommendations re 12 ;The Commissioner is hereby ORDERED to file his answer to Plaintiff's complaint no later than 5/8/2013. Signed by District Judge Harry S Mattice, Jr on 4/24/2013. (AWH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
STANLEY RAY BROWN,

)
)
)
)
)
)
)
)
)
)

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

Case No. 4:12-cv-80
Judge Mattice
Magistrate Judge Lee

ORDER
On March 29, 2013, United States Magistrate Judge Susan K. Lee filed her Report
and Recommendation (Doc. 12) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of
Civil Procedure 72(b). Magistrate Judge Lee recommended that Defendant’s Motion to
Dismiss, or in the alternative, for Summary Judgment (Doc. 9) be denied.
Defendant has filed no objections to the Magistrate Judge’s Report and
Recommendation.1

Nevertheless,

the

Court

has

reviewed

the

Report

and

Recommendation as well as the record, and it agrees with Magistrate Judge Lee’s wellreasoned conclusions.
Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Lee’s findings
of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule
1

Magistrate Judge Lee specifically advised the parties that they had 14 days in which to object to the
Report and Recommendation and that failure to do so would waive any right to appeal. (Doc. 12 at 7 n.3);
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”). Even
taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period in
which Defendant could timely file objections has now expired.

72(b), and Defendant’s Motion to Dismiss or for Summary Judgment (Doc. 9) is
DENIED. The Commissioner is hereby ORDERED to file his answer to Plaintiff’s
Complaint no later than May 8, 2013.

SO ORDERED this 24th day of April, 2013.

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

2