Summary
rejecting identical argument where claimant did not identify evidentiary gaps
Summary of this case from Hicks v. ColvinOpinion
CIVIL ACTION NO. 3:13-12115
06-26-2014
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 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 (ECF No. 14), grant Defendant's Motion for Judgment on the Pleadings (ECF No. 17), and dismiss this action, with prejudice, from the docket of the Court. 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 (ECF No. 14), GRANTS Defendant's Motion for Judgment on the Pleadings (ECF No. 17), and DISMISSES this action, with prejudice, from the docket of the Court, 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.
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ROBERT C. CHAMBERS, CHIEF JUDGE