Thornton v. Colvin

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DENYING PLAINTIFF'S OBJECTIONS re 21 Objections to Report and Recommendation filed by Marjorie Thornton by Judge Barbara J. Rothstein. (MD)

1
2
3
4
5
6
UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

MARJORIE THORNTON,
10
11
12
13
14
15

)
)
Plaintiff,
)
)
v.
)
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security
)
)
Defendant.
)
____________________________________)

CASE NO.

CV13-00401 BJR

ORDER GRANTING JUDGMENT
FOR DEFENDANT

16
17
18

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING
PLAINTIFF’S OBJECTIONS [21]
The Court, after consideration of the complaint, the parties’ briefs, and the Report and

19
Recommendation of the Honorable Mary Alice Theiler, does hereby find that:
20
21
22
23
24
25

(1)

The Court adopts the Report and Recommendation.

(2)

Plaintiff’s Objections to the Report and Recommendation restate Plaintiff’s

objections to the findings of the Commissioner, without undermining Judge Theiler’s findings.
(3)

To the extent that Judge Theiler cited Exhibit 4E in the Administrative Record for

support for her conclusion, this was merely additional illustrative support rather than a necessary
element to her conclusion. Even if Connett v. Barnhart, 340 F.3d 871, 874 (9th Cir. 2003),
1

1
2
3
4
5
6

required its rejection, this does not undermine the conclusions of the Report and
Recommendation.
(4)

The final decision of the Commissioner is AFFIRMED and this case is dismissed

with prejudice.
(5)

The Clerk of the Court is respectfully directed to enter judgment for Defendant

and close this case in its entirety. The Clerk of the Court is further directed to send copies of this

7
Order to the parties and to Judge Theiler.
8
9
10

IT IS SO ORDERED.
DATED this 12th day of February, 2014.

11
12
13
14

BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25

2