Gibbs v. Social Security Administration, Commissioner of

Filing 18

ORDER accepting and adopting 17 Report and Recommendations; denying 12 Motion for Summary Judgment; granting 15 Motion for Summary Judgment. Signed by District Judge Harry S Mattice, Jr on 8/28/17. (aws, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER ANGELA GIBBS, ) ) Plaintiff, ) ) v. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. ) ) Case No. 4:16-cv-40 Judge Mattice Magistrate Judge Lee ORDER On August 2, 2017, United States Magistrate Judge Susan K. Lee filed a Report and Recommendation (Doc. 17) 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 Summary Judgment be denied; (2) Defendant’s Motion for Summary Judgment be granted; and (3) the Commissioner’s decision denying benefits be affirmed. (Doc. 17 at 20). Plaintiff has filed no objections to the Magistrate Judge’s Report and Recommendation.1 Nevertheless, the Court has reviewed 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 and conclusions of law. Plaintiff’s Motion for Summary Judgment (Doc. 12) is                                                              Magistrate Judge Lee 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. 17 at 20); 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 hereby DENIED, Defendant’s Motion for Summary Judgment (Doc. 15) is hereby GRANTED, and this action is hereby DISMISSED WITH PREJUDICE. SO ORDERED this 28th day of August, 2017.             /s/ Harry S. Mattice, Jr._______ HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE       2   

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