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stating that two terms were not synonymous at step three of sequential process and citing cases
Summary of this case from Cox v. ColvinOpinion
CIVIL ACTION NO. 3:14-11819
03-17-2015
RHONDA A. McCLANAHAN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations 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 request for judgment on the pleadings (ECF No. 13), grant the Commissioner's request for judgment on the pleadings (ECF No. 14), affirm the decision of the Commissioner, dismiss this action, with prejudice, and remove it from the docket of the Court. Neither party has filed objections to the Magistrate Judge's findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and DENIES Plaintiff's request for judgment on the pleadings (ECF No. 13), GRANTS the Commissioner's request for judgment on the pleadings (ECF No. 14), AFFIRMS the decision of the Commissioner, DISMISSES this action, with prejudice, and REMOVES it from the docket of the Court, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.
ENTER: March 17, 2015
/s/_________
ROBERT C. CHAMBERS, CHIEF JUDGE