Bellew v. Colvin
Filing
30
ORDER construing Plaintiff's 29 Motion for Reconsideration ("Plaintiff's Request for United States Magistrate's Judge Reconsideration of Report and Final Judgment") as objections to the Magistrate Judge's Report and Re commendation; overruling Plaintiff's objections; directing the Clerk to terminate 29 Motion for Reconsideration; adopting the Magistrate Judge's 22 Report and Recommendation as the opinion of the Court; affirming the final decision of the Acting Commissioner; closing this civil action; and directing the Clerk to enter a final judgment in favor of the Acting Commissioner. Signed by Judge J. Randal Hall on 07/31/2014. (jah)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TERRY ALAN BELLEW,
Plaintiff,
CV 113-083
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation ("R&R"), to which objections have been filed.1
Although Plaintiffs second filing of July 24, 2014 is titled "Plaintiffs Request for United
States Magistrate's Judge Reconsideration of Report and Final Judgment," the Court
construes it as objections because he responds therein to the Magistrate Judge's findings
and conclusions in the R&R.2 (See generally doc. no. 29.) The Court OVERRULES
Plaintiffs objections because they restate arguments that the Magistrate Judge already
addressed in the R&R and do not offer any new information or evidence that warrants a
deviation from the Magistrate Judge's findings.
In both his objections and a separate motion also filed on July 24, 2014, Plaintiff
requests that the Court review 110 pages of enclosed medical records. (Doc. nos. 28, 29,
'Plaintiff was granted an extension to file objections on June 19, 2014 (doc. no.
25), but thereafter requested an additional extension of ninety days to obtain new medical
reports, which was denied (doc. no. 27).
2 Because the Court construes the filing as Plaintiffs objections to the R&R, the
Clerk is DIRECTED to TERMINATE the motion. (Doc. no. 29.)
29-1.) However, as the Magistrate Judge stated in his Order dated July 16,2014, Plaintiff
had ample time to compile and submit evidence in the underlying administrative
proceedings and in this action. (Doc. no. 27, p. 1.) Furthermore, to the extent the records
pertain to Plaintiffs recent health status, as opposed to the relevant period for purposes of
his administrative application, they would not affect the Court's review of the underlying
proceedings at issue in this case. If Plaintiff has developed new and potentially disabling
conditions, he may file a new application with the Social Security Administration and
submit evidence of such conditions in that proceeding. Accordingly, Court ADOPTS the
Report and Recommendation of the Magistrate Judge as its opinion, AFFIRMS the
Acting Commissioner's final decision, CLOSES this civil action, and DIRECTS the
Clerk to enter a final judgment in favor of the Acting Commissioner.
SO ORDERED this^j-Vctay oi^A/stAA .2014, at Augusta, Georgia.
H0N0BABLE7. RANDAL HALL
UNITE© STATES DISTRICT JUDGE
«RN DISTRICT OF GEORGIA
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