United States District Court, W.D. Pennsylvania
October 6, 2014
THEODORE WIESINGER, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
DAVID STEWART CERCONE, District Judge.
On January 10, 2014, Plaintiff Theodore Wiesinger filed a complaint against the Commissioner of Social Security seeking judicial review of the denial of his claims for Disability Insurance and Supplemental Security Income benefits. The case was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(A) and (B), and Rules 72(C)(l) and 72(C)(2) of the Local Rules for Magistrate Judges.
On September 2, 2014, the magistrate judge filed a Report and Recommendation, recommending that Plaintiffs motion for summary judgment [ECF No.9] be denied and the Defendant, the Commissioner of Social Security's motion for summary judgment [ECF No. 12] be granted. See Rep. and Rec. [ECF No. 16].
Service of the Report and Recommendation was made on the parties. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and the Local Rule of Court 72.D.2, they had fourteen (14) days to file any objections. On September 2, 2014, Plaintifftimely filed objections. [ECF No. 17]. On September 25, 2014, Defendant filed a timely response to Plaintiffs objections. [ECF No. 18].
After a de novo review of the pleadings and documents in this case, together with the Report and Recommendation, and the pleadings thereto, the following Order is entered:
AND NOW, this 3rd day of October, 2014,
IT IS HEREBY ORDERED that Plaintiff's Objections are OVERRULED; and
IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment [ECF No.9] is DENIED and that Defendant's motion for summary judgment [ECF No. 12] is GRANTED.
Magistrate Judge Mitchell's Report and Recommendation [ECF No. 16] dated September 2, 2014 is adopted as the Opinion of the Court.