Rhodes v. Social Security Administration, Commissioner of, No. 3:2014cv00130 - Document 18 (E.D. Tenn. 2015)

Court Description: MEMORANDUM OPINION, the Court ACCEPTS IN WHOLE the Report andRecommendation. It isORDERED, for the reasons stated in the Report and Recommendation, which the Court adopts and incorporates into its ruling, that the plaintiff's motion for judgment on the pleadings 13 is DENIED; the Commissioner's motion for summary judgment 14 is GRANTED; the Commissioners decision in this case denying plaintiff's application for benefits under the Social Security Act is AFFIRMED; and this case is DISMISSED. Signed by District Judge Thomas W Phillips on 8/17/15. Entered as Judgment by the Clerk. (ADA)

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Rhodes v. Social Security Administration, Commissioner of Doc. 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ROSALIND RHODES, on behalf of MICHAEL L. RHODES, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 3:14-CV-130 MEMORANDUM OPINION This Social Security appeal is before the court on the Report and Recommendation filed by United States Magistrate Judge C. Clifford Shirley [Doc. 18]. There have been no timely objections to the Report and Recommendation, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). After a careful review of the record and the parties’ pleadings, the Court is in complete agreement with the Magistrate Judge’s recommendation that plaintiff’s motion for judgment on the pleadings be denied, and the Commissioner’s motion for summary judgment be granted. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation under 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). It is ORDERED, for the reasons stated in the Report and Recommendation, which the Court adopts and incorporates into its ruling, that the plaintiff’s motion for judgment on the Dockets.Justia.com pleadings [Doc. 13] is DENIED; the Commissioner’s motion for summary judgment [Doc. 14] is GRANTED; the Commissioner’s decision in this case denying plaintiff’s application for benefits under the Social Security Act is AFFIRMED; and this case is DISMISSED. IT IS SO ORDERED. s/ Thomas W. Phillips SENIOR UNITED STATES DISTRICT JUDGE ENTERED AS A JUDGMENT s/ Debra C. Poplin CLERK OF COURT 2

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