Horsley v. Berryhill, No. 1:2016cv00030 - Document 34 (D. Utah 2017)

Court Description: MEMORANDUM DECISION AND ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS re 2 Complaint filed by Julia K. Phillips Horsley. The Magistrate Judge's June 29, 2017, Report and Recommendation is ADOPTED IN FULL. It is ORDERED that the ALJ's decision is AFFIRMED. Signed by Judge Ted Stewart on 7/17/2017. (eat)

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Horsley v. Berryhill Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH JULIA K. PHILLIPS-HORSELY, MEMORANDUM DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff, v. Case No. 1:16-CV-30 TS NANCY A. BERRYHILL, Acting Commissioner of Social Security, District Judge Ted Stewart Defendant. Plaintiff filed her Complaint on March 17, 2016. 1 This case was subsequently referred to the Magistrate Judge under 28 U.S.C. § 636(b)(1)(B). 2 The Magistrate Judge issued a Report and Recommendation on June 29, 2017. 3 This matter is before the Court for consideration of that Report and Recommendation. The Magistrate Judge recommends that the ALJ’s decision be affirmed because it is supported by substantial evidence and is free of legal error. Pursuant to 28 U.S.C. § 636(b), a party has fourteen days from their receipt of the Report and Recommendation to file an objection. Neither party has done so. The Court has considered the pleadings in the file and the Report and Recommendation. 1 Docket No. 2. The Complaint was originally filed against then-Acting Commissioner of Social Security, Carolyn W. Colvin. Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017, and was substituted as Defendant on June 29, 2017. See Docket No. 33. 2 Docket No. 16. 3 Docket No. 32. 1 Dockets.Justia.com It is therefore ORDERED that the Magistrate Judge’s June 29, 2017 Report and Recommendation (Docket No. 32) is ADOPTED IN FULL. It is further ORDERED that the ALJ’s decision is AFFIRMED. DATED this 17th day of July, 2017. BY THE COURT: Ted Stewart United States District Judge 2

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