Ashley v. Social Security Administration, Commissioner of
Filing
15
ORDER denying Plaintiff's 11 Motion for Judgment on the Pleadings; granting Defendant's 12 Motion for Summary Judgment; accepting and adopting Magistrate Judge Carter's 14 Report and Recommendations. The decision of the Commissioner is AFFIRMED; and this case is hereby DISMISSED WITH PREJUDICE. Signed by District Judge Harry S Mattice, Jr on 2/18/2014. (BJL, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
VICTORIA RUTH ASHLEY,
)
)
Plaintiff,
)
)
v.
)
)
COMMISSIONER OF SOCIAL SECURITY, )
)
Defendant.
)
)
Case No. 4:12-cv-86
Judge Mattice
Magistrate Judge Carter
ORDER
On January 22, 2014, United States Magistrate Judge William B. Carter filed his
Report and Recommendation (Doc. 14) pursuant to 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 72(b). Magistrate Judge Carter recommended that (1) Plaintiff’s
Motion for Judgment on the Pleadings (Doc. 11) be denied; (2) Defendant’s Motion for
Summary Judgment (Doc. 12) be granted; (3) the Decision of the Commissioner be
affirmed; and (4) this action be dismissed.
Plaintiff has filed no objections to the Magistrate Judge’s Report and
Recommendation.1 Nevertheless, the Court has conducted a reviewed the Report and
Recommendation, as well as the record, and it agrees with Magistrate Judge Carter’s
well-reasoned conclusions.
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 his right to appeal. (Doc. 14 at 16 n.1);
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 Plaintiff could timely file any objections has now passed.
1
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 Motion for Summary Judgment (Doc. 11) is DENIED;
•
Defendant’s Motion for Summary Judgment (Doc. 12) is GRANTED;
•
The decision of the Commissioner is AFFIRMED; and
•
This case is hereby DISMISSED WITH PREJUDICE.
SO ORDERED this 18th day of February, 2014.
/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?