GARNES v. ASTRUE

Filing 21

MEMORANDUM OPINION AND ORDER ADOPTING 20 REPORT AND RECOMMENDATION. The 20 Report and Recommendation is hereby ADOPTED. Accordingly, Plaintiff's 12 motion for judgment of reversal is DENIED; and Defendant's 13 motion for judgment of affirmance is GRANTED. Signed by Judge Ketanji Brown Jackson on 9/16/2013. (lckbj3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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KIMERON GARNES,
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Plaintiff,
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v.
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CAROLYN COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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_________________________________ )

Civil Action No. 12-CV-1090 (KBJ)(DAR)

MEMORANDUM OPINION AND ORDER
This matter is before the Court on the Report and Recommendation filed by
Magistrate Judge Deborah A. Robinson on August 27, 2013, addressing the parties’
motions for judgment on the pleadings. (Report and Recommendation, ECF No. 20.)
Plaintiff Kimeron Garnes brought this action seeking to reverse the Social Security
Commissioner’s final decision denying her applications for disability insurance benefits
and supplemental security income under the Social Security Act. (See Compl., ECF No.
1.) The dispute centered on whether there was substantial evidence before the
Administrative Law Judge demonstrating that Plaintiff did not have an impairment that
significantly limited her ability to perform basic work activities. (Report and
Recommendation at 4-5.) Plaintiff filed a motion for judgment of reversal (ECF No.
12), seeking to overturn the Administrative Law Judge’s decision, and Defendant filed a
motion for judgment of affirmance (ECF No. 13).

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After considering the parties’ motions, Magistrate Judge Robinson concluded, in
the course of a detailed Report and Recommendation, that Plaintiff’s motion for
judgment of reversal should be denied, and that Defendant’s motion for judgment of
affirmance should be granted. (Report and Recommendation at 1, 15-16.)
The Report and Recommendation also advised the parties that under the
provisions of Local Rule 72.3(b) of the United States District Court for the District of
Columbia, any party who objects to the Report and Recommendation must file a written
objection with the Clerk of the Court within 14 days of the party’s receipt of the Report
and Recommendation. (Report and Recommendation at 16.) As of this date—20 days
after the Report and Recommendation was issued—no objections have been filed.
After consideration of Magistrate Judge Robinson’s Report and
Recommendation, the absence of any party’s objections thereto, the entire record before
the Court, and the applicable law, the Court will adopt Magistrate Judge Robinson’s
Report and Recommendation in its entirety. Accordingly, it is hereby
ORDERED that the Report and Recommendation (ECF No. 20) is ADOPTED;
and it is
FURTHER ORDERED that in accordance with the Report and
Recommendation, Plaintiffs’ motion for judgment of reversal (ECF No. 12) is
DENIED; and Defendant’s motion for judgment of affirmance (ECF No. 13) is
GRANTED; and it is
FURTHER ORDERED that the case is DISMISSED in its entirety.

Ketanji Brown Jackson

DATE: September 16, 2013

KETANJI BROWN JACKSON
United States District Judge
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