Summary
stating that the Polaski factors are the same as those found in SSR 96-7p
Summary of this case from Franks v. ColvinOpinion
Civil No. 07-2921 (RHK/JSM).
September 29, 2008
ORDER
Before the Court are Plaintiff's Objections to the August 19, 2008 Amended Report and Recommendation, ("R R") of Magistrate Judge Janie S. Mayeron. Having conducted a de novo review of the R R, and the Objections thereto, the undersigned is satisfied that Judge Mayeron's recommended disposition is fully supported by the factual record in this matter and controlling legal authorities. Accordingly, and upon all the files, records and proceedings herein, IT IS ORDERED:
1. Plaintiff's Objections (Doc. No. 17) are OVERRULED;
2. The Amended Report and Recommendation (Doc. No. 15) is ADOPTED;
3. Plaintiff's Motion for Summary Judgment (Doc. No. 9) is DENIED;
4. Defendant's Motion for Summary Judgment (Doc. No. 11) is GRANTED; and
5. The Complaint (Doc. No. 1) is DISMISSED WITH PREJUDICE.