Bull v. Commissioner of Social Security

Filing 24

FINAL ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 10 Motion for Judgment on the Pleadings; granting 11 Motion for Summary Judgment; adopting Report and Recommendations re 21 Report and Recommendations and noting appeal procedures. Signed by District Judge Mark S. Davis on 2/6/13 and filed on 2/7/13. Copy mailed as directed odn 2/7/13. (jcow, )

UNITED STATES

FOR THE

DISTRICT COURT

EASTERN DISTRICT OP VXRGINTJ

Norfolk Division

clerkTus district court
norfolk., va

JOHN R.

BULL,

Plaintiff,
v.

ACTION NO.

2:12cvl83

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
FINAL ORDER

Plaintiff John Bull, proceeding pro se, seeks judicial review

of

the

decision

Administration

of

the

denying

insurance benefits

Commissioner

his

("DIB")

claim

for

of

a

the

Social

period

of

Security

disability

under Title II of the Social Security

Act.

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 Procedure, as well as Rule
72 of

the Local Rules

of the United States District Court for the

Eastern District of Virginia, for a report and recommendation.
Report

January

and Recommendation of

3,

2013,

the Magistrate Judge was

recommending

that

the

Court

The

filed on

grant

the

Commissioner's motion for summary judgment, deny plaintiff's motion
for judgment on the pleadings, and affirm the final decision of the

Commissioner.
right

to

By copy of the report, each party was advised of the

file

written

objections

to

recommendations made by the Magistrate Judge.

the

findings

and

On January 22,

2013,

the Court received Plaintiff's Response

to Magistrate Judge's Report and Recommendation (ECF No. 22), and
on January 25,

2013,

Defendant

filed a

Response

Objection to the Report and Recommendation of
Magistrate Judge (ECF No.

Having
Plaintiff,
findings

reviewed
and

and

Recommendation

record

no

the

and

error,

recommendations
of

Plaintiff's

the United States

23).

the

finding

to

United

the

the

set

Court

forth

States

objections

filed

by

hereby

ADOPTS

the

the

Report

and

in

Magistrate

Judge

filed

on

January 3, 2013, and the decision of the Commissioner is AFFIRMED,

Defendant's motion for summary judgment is

GRANTED,

motion for judgment on the pleadings is DENIED,

Plaintiff's

and this case is

DISMISSED.

Plaintiff is ADVISED that he may appeal from this Final Order
by forwarding a written notice of appeal to the Clerk of the United

States District Court, United States Courthouse, 600 Granby Street,
Norfolk, Virginia 23510.

Said written notice must be received by

the Clerk within sixty (60) days from the date of this Final Order.
The Clerk shall forward a copy of this Final Order to Plaintiff
and to counsel of record for Defendant.

Mark S.

Davis

United States District Judge
Norfolk,

Virginia

February Jo

, 2013