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Garren v. Berryhill, 1:16-cv-00374-MR-DLH. (2018)

Court: District Court, W.D. North Carolina Number: infdco20180319811 Visitors: 9
Filed: Mar. 16, 2018
Latest Update: Mar. 16, 2018
Summary: ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment [Doc. 6]; the Defendant's Motion for Summary Judgment [Doc. 12]; the Magistrate Judge's Memorandum and Recommendation regarding the disposition of those motions [Doc. 14]; and the Plaintiff's Objections to the Memorandum and Recommendation [Doc. 15]. Pursuant to 28 U.S.C. 636(b) and a specific Order of referral of the District Court, the Honorable Dennis L. Howell, U
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ORDER

THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment [Doc. 6]; the Defendant's Motion for Summary Judgment [Doc. 12]; the Magistrate Judge's Memorandum and Recommendation regarding the disposition of those motions [Doc. 14]; and the Plaintiff's Objections to the Memorandum and Recommendation [Doc. 15].

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

On February 26, 2018, the Magistrate Judge entered a Memorandum and Recommendation [Doc. 14] in this case containing proposed findings of fact and conclusions of law in support of a recommendation regarding the disposition of these motions [Docs. 6 and 12]. 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 Plaintiff timely filed her Objections on March 12, 2018. [Doc. 15].

After careful consideration of the Magistrate Judge's Memorandum and Recommendation [Doc. 14] and the Plaintiff's Objections thereto [Doc. 15], the Court finds that the Magistrate Judge's proposed findings of fact are correct and that his proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby overrules the Defendant's Objections and 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. 14] is ACCEPTED; the Plaintiff's Objections thereto [Doc. 15] are OVERRULED; the Plaintiff's Motion for Summary Judgment [Doc. 6] is DENIED; the Defendant's Motion for Summary Judgment [Doc. 12] 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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