Opinion
No. 1:17-cv-03041-FVS
09-04-2018
MARK V., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
BEFORE THE COURT is the Report and Recommendation issued by Magistrate Judge Mary K. Dimke on July 30, 2018, ECF No. 29, recommending Plaintiff's Motion for Summary Judgment, ECF No. 19, be denied and Defendant's Motion for Summary Judgment, ECF No. 24, be granted. Plaintiff filed objections to the Report and Recommendation on August 13, 2018. ECF No. 30. Defendant did not file a response.
After reviewing the Report and Recommendation, the objections and the response, and relevant authorities; the Court finds the Magistrate Judge's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety. Accordingly, IT IS ORDERED:
1. Plaintiff's Objections to Magistrate Judge Dimke's Report and Recommendation, ECF No. 30, are OVERRULED.
2. The Report and Recommendation, ECF No. 29, is ADOPTED in its entirety.
3. Plaintiff's Motion for Summary Judgment, ECF No. 19, is DENIED.
4. Defendant's Motion for Summary Judgment, ECF No. 24, is GRANTED.
The District Court Executive is directed to file this Order and forward copies to the parties. Judgment shall be entered for Defendant and the file shall be CLOSED.
DATED September 4, 2018.
s/Fred Van Sickle
Fred Van Sickle
Senior United States District Judge