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Shipley v. Astrue

August 8, 2008

ELLA C. SHIPLEY, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Lee

MEMORANDUM AND ORDER

Before the Court are the motion of Plaintiff for summary judgment [Doc. 10] and the motion of Defendant for summary judgment [Doc. 12] in this action brought by the Plaintiff under 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking judicial review of the final decision of the Defendant denying the Plaintiff a period of disability and disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416, 423. On August 5, 2008, the undersigned magistrate judge issued a report and recommendation that: (1) Plaintiff's motion for summary judgment be DENIED; (2) Defendant's motion for summary judgment be GRANTED; (3) the decision of Defendant be AFFIRMED; and (4) this action be DISMISSED [Doc. 16].

That same day, August 5, 2008, a notice, consent and order of reference signed by the parties pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 73 was entered by the Court [Doc. 17].*fn1 Accordingly, the report and recommendation [Doc. 16] is hereby ADOPTED as the final order of the Court in this matter as of this date. Therefore, based upon the facts, analysis and conclusions set forth in the report and recommendation, which is incorporated herein, it is ORDERED:

(1) Plaintiff's motion for summary judgment [Doc. 10] is DENIED;

(2) Defendant's motion for summary judgment [Doc. 12] is GRANTED;

(3) The decision of the Defendant denying benefits to the Plaintiff is AFFIRMED; and

(4) This action is DISMISSED.

A separate judgment will enter.

SO ORDERED.

SUSAN K. LEE UNITED STATES ...


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