Opinion
2:18-CV-11160-TGB
08-19-2019
ALAN MCPHERSON, Plaintiff, v. NANCY BERRYHILL, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on Magistrate Judge Anthony P. Patti's Report and Recommendation of July 9, 2019 (ECF No. 14) recommending that Defendant's Motion for Summary Judgment (ECF No. 13) be granted, Plaintiff's Motion for Summary Judgment (ECF No. 10) be denied, and the Commissioner of Social Security's decision be affirmed.
The Court has reviewed the Magistrate Judge's Report and Recommendation. The law provides that either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of a report and recommendation. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will therefore accept the Magistrate's Report and Recommendation of July 9, 2019 as this Court's findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that Magistrate Judge Patti's Report and Recommendation of July 9, 2019 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that Plaintiff's Motion for Summary Judgment is DENIED, Defendant's Motion for Summary Judgment is GRANTED, and Plaintiff's claims are DISMISSED WITH PREJUDICE.
DATED August 19, 2019.
BY THE COURT:
/s/Terrence G. Berg
TERRENCE G. BERG
United States District Judge
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, August 19, 2019, by electronic and/or ordinary mail.
S/A. Chubb
Case Manager and Deputy Clerk