Opinion
No. 4:16-CV-05012-FVS
07-10-2017
DAVID N. YBARRA, Plaintiff, v. NANCY A. BERRYHILL, Acting 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 June 7, 2017, ECF No. 19, recommending Plaintiff's Motion for Summary Judgment, ECF No. 13, be denied and Defendant's Motion for Summary Judgment, ECF No. 25, be granted. No objection was filed. After review, the Court hereby adopts the Report and Recommendation in its entirety. Accordingly, IT IS ORDERED:
1. The Report and Recommendation, ECF No. 19, is ADOPTED in its entirety.
2. Plaintiff's Motion for Summary Judgment, ECF No. 13, is DENIED.
3. Defendant's Motion for Summary Judgment, ECF No. 15, is GRANTED.
The District Court Executive is directed to file this Order and forward copies to counsel. Judgment shall be entered for Defendant and the file shall be CLOSED.
DATED July 10, 2017.
s/Fred Van Sickle
Fred Van Sickle
Senior United States District Judge