Simpson v. Astrue

Filing 22

FINAL ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying Ms. Simpson's 15 Motion for Summary Judgment; granting the Commissioner's 17 Motion for Summary Judgment; and judgment shall be entered in favor of theCommissioner. Signed by District Judge Arenda L. Wright Allen and filed on 2/4/2013. (rsim, )

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FILED

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA]

FEB - 4 2013

Norfolk Division

DAWN E. SIMPSON,
Plaintiff,
v.

Civil No. 2:12cvl54

MICHAEL J. ASTRUE,
Defendant.

FINAL ORDER

Plaintiff Dawn E. Simpson brought this action under 42 U.S.C. § 405(g) seeking judicial

review of the final decision of Social Security Commissioner Michael J. Astrue denying her
claim for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI")
pursuant to sections 205(g) and 1631(c)(3) of the Social Security Act. Pursuant to the provisions
of 28 U.S.C. §§ 636(b)(1)(B), Rule 72(b) of the Federal Rules of Civil Procedure, Rule 72 of the

Rules of the United States District Court for the Eastern District of Virginia, and by order of

reference dated May 29, 2012, this matter was referred to United States Magistrate Judge
Tommy E. Miller for a Report and Recommendation. ECF No. 8.

In a Report and Recommendation ("R&R") filed January 3, 2013, Judge Miller found

that the Administrative Law Judge's decision to deny Ms. Simpson's claim was supported by
substantial evidence.

R&R 30, Jan. 3, 2013, ECF No. 21.

Accordingly, Judge Miller

recommended denying Ms. Simpson's Motion for Summary Judgment, granting the
Commissioner's Motion for Summary Judgment, affirming the decision of the Commissioner,
and entering judgment in favor of the Commissioner. Id. at 30-31.

By copy of the R&R, each party was advised of the right to file written objections to the

findings and recommendations made by Judge Miller within fourteen days from the date the
R&R was mailed, pursuant to Rule 6(a) of the Federal Rules of Civil Procedure. The time for

filing written objections has passed, and neither party has filed objections. As indicated in the

R&R, "failure to file timely objections to the findings and recommendations set forth [in the
R&R] will result in waiver of right to appeal from a judgment of this court based on such
findings and recommendations." Id. at 31.

This Court has reviewed the R&R of Judge Miller and hereby ADOPTS and
APPROVES in full the findings and recommendations set forth therein. Accordingly, it is

hereby ORDERED that Ms. Simpson's Motion for Summary Judgment (ECF No. 15) is
DENIED, the Commissioner's Motion for Summary Judgment (ECF No. 17) is GRANTED, the
decision of the Commissioner is AFFIRMED, and judgment shall be entered in favor of the
Commissioner.
IT IS SO ORDERED.

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Arenda L. Wright Allen
United States District Judge
February
, 2013
Norfolk, Virginia