WOLFE v. BARNHART

TERRY KERN, Chief Judge, District

Before the Court is the Report and Recommendation ("Report") (Dkt. No. 57) of the Magistrate Judge filed on March 17, 2004. Pursuant to FED. R. CIV. P. 72(b), the Plaintiff has timely objected to the Report. All dispositive issues have been accorded a de novo review in compliance with FED. R. CIV. P. 72(b). Such being completed, and all objections and responses considered as well, the Court, upon independent review, sees no reason to depart from the recommendation. The Court thus concludes the Report should be affirmed in all respects.

Plaintiff's Amended Motion for Summary Judgment (Dkt. No. 48) is hereby DENIED and Defendant's Motion for Summary Judgment (Dkt. No. 27) is hereby GRANTED. IT IS THEREFORE ORDERED that Report and Recommendation (Dkt. No. 57) is hereby ADOPTED and AFFIRMED.