Banuelos v. Colvin

Fred Van Sickle Senior United States District Judge

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 March 24, 2017, ECF No. 18, recommending Plaintiff's Motion for Summary Judgment, ECF No. 12, be denied and Defendant's Motion for Summary Judgment, ECF No. 14, granted. Plaintiff filed objections to the Report and Recommendation on April 7, 2017. ECF No. 19. No response was filed.

After reviewing the Report and Recommendation, the objections and the response, and relevant authorities; the Court finds the Magistrate Judge's findings are correct. Therefore, the Court adopts the Report and Recommendation in its entirety. Accordingly, IT IS ORDERED:

1. Plaintiff's Objections to Magistrate Judge Dimke's Report and Recommendation, ECF No. 19, are OVERRULED.

2. The Report and Recommendation, ECF No. 18, is ADOPTED in its entirety.

3. Plaintiff's Motion for Summary Judgment, ECF No. 12, is DENIED.

4. Defendant's Motion for Summary Judgment, ECF No. 14, is GRANTED.

The District Court Executive is directed to file this Order and forward copies to the parties. Judgment shall be entered for Defendant and the file shall be CLOSED.

DATED May 1, 2017.

s/Fred Van Sickle

Fred Van Sickle

Senior United States District Judge