Baker v. Social Security Administration, Commissioner of et al, No. 3:2009cv00128 - Document 18 (E.D. Tenn. 2010)
Court Description: MEMORANDUM OPINION accepting in whole 17 the magistrate judge's report and recommendation; denying 11 plaintiff's motion for judgment on the pleadings; granting 15 defendant Commissioner's motion for summary judgment; and dismissing this action. Signed by District Judge Thomas W Phillips on July 20, 2010. (AYB)
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Baker v. Social Security Administration, Commissioner of et al Doc. 18 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE REBECCA CHRISTINA BAKER, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) No. 3:09-CV-128 (Phillips/Guyton) MEMORANDUM OPINION This Social Security appeal is before the court on the report and recommendation filed by United States Magistrate Judge H. Bruce Guyton [Doc. 17]. 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 this matter, the court is in complete agreement with the magistrate judge s conclusion that plaintiff s motion for judgment on the pleading 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 Dockets.Justia.com motion for judgment on the pleadings [Doc. 11] is DENIED; the defendant Commissioner s motion for summary judgment [Doc. 15] is GRANTED, and this action is DISMISSED. ENTER: s/ Thomas W. Phillips United States District Judge -2-
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