Warner v. Social Security Administration, Commissioner of

Filing 17

ORDER denying 12 Motion for Judgment on the Pleadings; granting 14 Motion for Summary Judgment; adopting Report and Recommendations re 16 Report and Recommendations; The case is hereby DISMISSED WITH PREJUDICE.. Signed by District Judge Harry S Mattice, Jr on 8/5/2014. (DJH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
ROY WAYNE WARNER,

)
)
Plaintiff,
)
)
v.
)
)
COMMISSIONER OF SOCIAL SECURITY )
)
Defendant.
)
)

Case No. 4:13-cv-00046
Judge Mattice
Magistrate Judge Lee

ORDER
On July 3, 2014, United States Magistrate Judge Susan K. Lee filed her Report
and Recommendation (Doc. 16) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of
Civil Procedure 72(b). Magistrate Judge Lee recommended that: (1) Plaintiff’s Motion
for Judgment on the Pleadings (Doc. 12) be denied; (2) Defendant’s Motion for
Summary Judgment (Doc. 14) be granted; and the Decision of the Commissioner be
affirmed. (Doc. 16 at 22).
The parties have not filed 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 Lee’s findings
of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule
72(b).

Plaintiff’s Motion for Judgment on the Pleadings (Doc. 12) is DENIED;

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 the right to appeal the district court’s
order. (Doc. 45); 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”).
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Defendant’s Motion for Summary Judgment (Doc. 14) is GRANTED; the decision of
the Commissioner is AFFIRMED; and the case is hereby DISMISSED WITH
PREJUDICE.

SO ORDERED this 5th day of August, 2014.
/s/ Harry S. Mattice, Jr._______
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE

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