Case Information
*1 THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00308-MR-DCK
LISA G. CHAPMAN, )
)
Plaintiff, )
) vs. ) O R D E R
)
)
MICHAEL J. ASTRUE, )
Commissioner of Social Security, )
)
Defendant. )
_______________________________ )
THIS MATTER is before the Court on the Plaintiff’s Motion for Judgment on the Pleadings [Doc. 11]; the Defendant’s Motion for Summary Judgment [Doc. 13]; and the Magistrate Judge’s Memora ndum and Recommendation [Doc. 15] regarding the disposition of those motions.
Pursuant to 28 U.S.C. § 636(b) and a specific Order of referral of the District Court, the Honorable David C. Keesler, United States Magistrate Judge, was designated to consider the pending motions in the above- captioned action and to submit to this Court a recommendation for the disposition of these motions.
On December 21, 2012, the Magistrate Judge filed a Memorandum and Recommendation [Doc. 15] in this case containing proposed findings of fact and conclusions of law in support of a recommendation regarding the motions [Docs. 11 and 13]. The parties were advised that any objections to the Magistrate Judge's Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has expired, and no written objections to the Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge's Memorandum and Recommendation [Doc. 15], the Court finds that the proposed findings of fact are correct and that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge's r ecommendation that the Defendant’s Motion for Summary Judgment be granted and that the decision of the Commissioner be affirmed.
IT IS, THEREFORE, ORDERED that the Magistrate Judge's Memorandum and Recommendation [Doc. 15] is ACCEPTED ; the Plaintiff's Motion for Judgment on the Pleadings [Doc. 11] is DENIED ; the *3 Defendant’s Motio n for Summary Judgment [Doc. 13] is GRANTED ; and the decision of the Commissioner is AFFIRMED .
IT IS FURTHER ORDERED that this case is hereby DISMISSED WITH PREJUDICE .
A judgment shall be entered simultaneously herewith.
IT IS SO ORDERED.
Signed: January 11, 2013 3
