Thorpe v. Commissioner of Social Security

District Court, E.D. Tennessee

Thorpe v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER

HEATHER DAWN THORPE, ) ) Plaintiff, ) ) Case No. 4:23-cv-2 v. ) ) Judge Atchley ) COMMISSIONER OF SOCIAL ) Magistrate Judge Poplin SECURITY, ) ) Defendant. )

ORDER On November 20, 2023, United States Magistrate Judge Debra C. Poplin filed a Report and Recommendation [Doc. 17] pursuant to

28 U.S.C. § 636

, the Rules of this Court, and Standing Order 13-02. The Magistrate Judge recommends that Defendant’s decision denying Plaintiff’s application for Social Security Disability Insurance Benefits be affirmed. Plaintiff has not filed an objection to the Report and Recommendation, and the time to do so has now passed.1 The Court has nonetheless reviewed the Report and Recommendation, as well as the record, and agrees with Magistrate Judge Poplin’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Poplin’s findings of fact and conclusions of law as set forth in the Report and Recommendation [Doc. 17]. Plaintiff’s Complaint [Doc. 1] is DISMISSED WITH PREJUDICE. An appropriate judgment will enter. SO ORDERED.

1 Magistrate Judge Poplin advised that the parties had 14 days in which to object to the Report and Recommendation and that failure to do so would waive any right to appeal. [Doc. 17 at 27 n.3]; see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn,

474 U.S. 140, 148-51

(1985) (“It does not appear that Congress intended to require district court review of a magistrate judge’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”). /s/ Charles E. Atchley, Jr. _________ CHARLES E. ATCHLEY, JR. UNITED STATES DISTRICT JUDGE

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