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Gilbert v. Saul, 5:18-cv-00159-MR-WCM. (2020)

Court: District Court, W.D. North Carolina Number: infdco20200117962 Visitors: 21
Filed: Jan. 14, 2020
Latest Update: Jan. 14, 2020
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment [Doc. 13]; the Defendant's Motion for Summary Judgment [Doc. 17]; and the Magistrate Judge's Memorandum and Recommendation [Doc. 19] regarding the disposition of those motions. Pursuant to 28 U.S.C. 636(b) and a specific Order of referral of the District Court, the Honorable W. Carleton Metcalf, United States Magistrate Judge, was designated to consider the pending mo
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ORDER

THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment [Doc. 13]; the Defendant's Motion for Summary Judgment [Doc. 17]; and the Magistrate Judge's Memorandum and Recommendation [Doc. 19] regarding the disposition of those motions.

Pursuant to 28 U.S.C. § 636(b) and a specific Order of referral of the District Court, the Honorable W. Carleton Metcalf, United States Magistrate Judge, was designated to consider the pending motions in the above-captioned action and to submit to this Court a recommendation for the disposition of these motions.

On December 27, 2019, the Magistrate Judge filed a Memorandum and Recommendation [Doc. 19] in this case containing proposed findings of fact and conclusions of law in support of a recommendation regarding the motions [Docs. 13, 17]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has expired, and no written objections to the Memorandum and Recommendation have been filed.

After a careful review of the Magistrate Judge's Memorandum and Recommendation [Doc. 19], the Court finds that the proposed findings of fact are correct and that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the Commissioner's decision should be affirmed and that this case should be dismissed.

IT IS, THEREFORE, ORDERED that the Memorandum and Recommendation [Doc. 19] is ACCEPTED; the Plaintiff's Motion for Summary Judgment [Doc. 13] is DENIED; the Defendant's Motion for Summary Judgment [Doc. 17] is GRANTED; and the decision of the Commissioner is hereby AFFIRMED. This case is hereby DISMISSED.

A judgment shall be entered simultaneously herewith.

IT IS SO ORDERED.

Source:  Leagle

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