Brown v. Commissioner of Social Security

Filing 25

FINAL ORDER; the court adopts and approves 24 Report and Recommendations; Plaintiff's 17 Motion for Summary Judgment is DENIED; defendant's 22 Motion for Summary Judgment is GRANTED; the final decision of the Commissioner is AFFIRMED; and, judgment is ENTERED in favor of the defendant; appeal procedures noted. Signed by District Judge Rebecca Beach Smith and filed on 7/13/10. Copy mailed on 7/14/10 (lhow, )

Brown v. Commissioner of Social Security

Doc. 25

UNITED

STATES DISTRICT COURT Norfolk Division

EASTERN DISTRICT OF VIRGINIA

FILED
JUL 1 3 2010
CLEKK. U.S DISTRICT COURT NOMrO!_K VA

GARY D.

BROWN,

Plaintiff/
v.

ACTION NO.
SOCIAL SECURITY,

2:09cv243

COMMISSIONER OF

Defendant.

FINAL

ORDER

Plaintiff

brought

this

action

under

42

U.S.C.

§

4 05

(g)

seeking judicial review of the decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff' s

claim for a period of disability and disability insurance benefits
("DIB"), pursuant to sections 416(i)
42 U.S.C.A.

and 423 of the Social of the

Social Security Act.

§ 405(g)(2010).

On

August

28,

2009,

this

matter

was

referred

to

a

United
§

States Magistrate Judge,

pursuant to the provisions of 28 U.S.C.

636(b)(1)(B)

and

(C),

and Rule 72(b)

of the Federal Rules of Civil
Report of the magistrate
that plaintiff's

Procedure for report and recommendation.
judge was filed on June 21, 2010,

recommending

motion for summary judgment be denied; summary judgment be granted; that

that defendant's motion for the final decision of the

Commissioner be affirmed; and, the defendant. By copy of

that judgment be entered in favor of each party was advised of

the report,

the right to file written objections to the findings and recommen-

Dockets.Justia.com

dations made by the magistrate judge.

The court has received no

objections to the magistrate judge's report and recommendation, and
the time for filing same has expired.

The court does hereby adopt and approve
recommendations set forth in the report of

the
the

findings
United

and

States

Magistrate Judge filed June 21,
motion for summary judgment is

2010.
DENIED;

Accordingly,
defendant's

plaintiff's
motion for

summary judgment is GRANTED; the final decision of the Commissioner is AFFIRMED; and, judgment is ENTERED in favor of the defendant.
Plaintiff may appeal from the judgment entered pursuant to

this Final Order by filing a written notice of appeal with the
Clerk of this court, United States Courthouse, 600 Granby Street,

Norfolk, Virginia 23510, within sixty (60)
entry of such judgment.

days from the date of

The Clerk shall forward a copy of this Final Order to counsel
for plaintiff and defendant.
/s/

Rebecca Beach Smith United States District Judge
REBECCA BEACH SMITH UNITED STATES DISTRICT JUDGE

Norfolk,

Virginia

July

\3 ' 2010