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Collie v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 19, 2010

TIMOTHY E. COLLIE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Philip M. Frazier (Doc. 22), recommending that this Court deny Plaintiff's request to remand for consideration of additional evidence and affirm the final decision by the Commissioner of Social Security to deny Plaintiff's application for disability benefits. The Report and Recommendation was entered on June 23, 2010. No timely objections have been filed.*fn1

Where timely objections are filed, this Court must undertake a de novo review of the Report and Recommendation. 28 U.S.C. § 636(b)(1)(B), (C); FED. R. CIV. P. 72(b); SDIL-LR 73.1(b); Harper v. City of Chicago Heights, 824 F. Supp. 786, 788 (N.D. Ill. 1993); see also Govas v. Chalmers, 965 F.2d 298, 301 (7th Cir. 1992). The Court "may accept, reject or modify the magistrate judge's recommended decision." Harper, 824 F. Supp. at 788. In making this determination, the Court must look at all of the evidence contained in the record and "give 'fresh consideration to those issues to which specific objections have been made.'" Id., quoting 12 Charles Alan Wright et al., Federal Practice and Procedure § 3076.8, at p. 55 (1st ed. 1973) (1992 Pocket Part).

However, where neither timely nor specific objections to the Report and Recommendation are made, pursuant to 28 U.S.C. § 636(b), this Court need not conduct a de novo review of the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985). Therefore, the Court ADOPTS Magistrate Judge Frazier's Report and Recommendation (Doc. 22),*fn2 DENIES Plaintiff's request for remand, and AFFIRMS the final decision of the Commissioner of Social Security to deny Plaintiff's application for disability benefits. The Clerk of Court is DIRECTED to enter judgment accordingly.

IT IS SO ORDERED.

G. PATRICK MURPHY United States District Judge


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