Opinion
CIVIL No. 3:08CV00006.
October 10, 2008
ORDER
On May 28, 2008, I referred this case to the Honorable B. Waugh Crigler, U.S. Magistrate Judge, for proposed findings of fact and a recommended disposition. The parties subsequently filed cross motions for summary judgment (docket no. 10, 12), and on September 25, 2008, the Magistrate Judge filed a Report and Recommendation ("Report"). In the Report, Judge Urbanski recommended that Defendant's motion for summary judgment (docket no. 12) be granted. After a review of the entire record in this case, and no objection having been filed to the Report within ten days of its service upon the parties, I adopt the Report in its entirety.
Accordingly:
1. the September 25, 2008 Report shall be, and it hereby is, ADOPTED in its entirety;
2. Plaintiff's motion for summary judgment (docket no. 10) is hereby DENIED;
3. Defendant's motion for summary judgment (docket no. 12) is hereby GRANTED;
4. the Commissioner's final decision is hereby AFFIRMED; and
5. this case is hereby DISMISSED and STRICKEN from the Court's docket.
The Clerk of the Court hereby is directed to send a certified copy of this Order to all counsel of record and to the Magistrate Judge.
It is so ORDERED.