Pierson v. Astrue, No. 9:2010cv00066 - Document 21 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 20 Findings and Recommendations, 11 Motion for Summary Judgment filed by Shane E. Pierson, 16 Motion for Summary Judgment filed by Michael J. Astrue. Pierson's Motion for Summary Judgment (dkt #11) is DENIED, the Commissioner's Motion for Summary Judgment (dkt #16) is GRANTED, and the Commissioner's decision is AFFIRMED. Signed by Judge Donald W. Molloy on 4/18/2011. (APP, )
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Pierson v. Astrue Doc. 21 FILED APR f 8 2011 :'ATRICK E. DUFFY, c~ IlEPlJfV a.&fj(; ~_~ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION SHANE E. PIERSON, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. CV 10-66-M-DWM-JCL ORDER ---------------------------) This is a request for judicial review under 42 U.S.C. § 405(g) of the decision of the Commissioner of Social Security which denied Plaintiff Shane E. Pierson his application for disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. §§ 401-433, and for supplemental security income benefits under Title XVI of the Act, 42 U.S.C. §§ 1381-1383(c). United States Magistrate Judge Jeremiah C. Lynch entered Findings and -1­ Dockets.Justia.com Recommendation on March 16,2011 and recommended denying Pierson's motion for summary judgment, granting the Commissioner's motion for summary judgment, and affirming the Commissioner's decision. Plaintiff did not timely object to the Findings and Recommendation, and so has waived the right to de novo review of the record. 28 U.S.C. § 636(b)(1). This Court will review the Findings and Recommendation for clear error. McDonnell Douglas Com. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422,427 (9th Cir. 2000). Plaintiffs motion for summary judgment was filed on October 14,2010 and requested that judgment be entered in his favor and the decision of the Commissioner be reversed and set aside or, in the alternative, that Plaintiffs case be remanded to the Commissioner for additional administrative proceedings. The Commissioner's motion for summary judgment was filed on December 30, 2010 and requested that the Commissioner's decision be affirmed. After review, Judge Lynch concluded that the ALl's decision is based on substantial evidence and free of legal error. After a review of Judge Lynch's Findings and Recommendation, I find no clear error. Accordingly, IT IS HEREBY ORDERED that Judge Lynch's Findings and -2­ Recommendation (dkt #20) are adopted in full. Pierson's Motion for Summary Judgment (dkt #11) is DENIED, the Commissioner's Motion for Summary Judgment (dkt #16) is GRANTED, and the Commissioner's decision is AFFIRMED. Dated this ~y of April, 2011. olloy, District Judge District Court -3­