Summary
finding claimant knowingly waived right to representation where SSA provided claimant with list of organizations who could provide him with free representation and administrative law judge twice informed claimant of right to representation in person
Summary of this case from Roseberry v. ColvinOpinion
CIVIL ACTION NO. 3:08-0922.
September 28, 2010
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable R. Clark VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Plaintiff's Motion for Judgment on the Pleadings, grant Defendant's Motion for Judgment on the Pleadings, affirm the final decision of the Commissioner, and dismiss this matter from the Court's docket. Neither party has filed objections to the Magistrate Judge's findings and recommendation.
Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Plaintiff's Motion for Judgment on the Pleadings, GRANTS Defendant's Motion for Judgment on the Pleadings, AFFIRMS the final decision of the Commissioner, and DISMISSES this matter from the Court's docket, consistent with the findings and recommendation.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.
ENTER: September 28, 2010