Cowan v. Astrue

Filing 16

FINAL ORDER denying 8 Motion for Summary Judgment; granting 10 Motion for Summary Judgment; adopting Report and Recommendations re 13 Report and Recommendations and this case is DISMISSED; noting appeal procedures. Signed by District Judge Mark S. Davis and filed on 9/25/2013. (rsim, )

FILED
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OP VIRGINIA

Norfolk Division

SEP 2 5 2013
clerk, us. District court
NORFOLK VA

KIMBERLY COWAN,

Plaintiff,
v.

ACTION NO.

CAROLYN W.

2:12cv559

COLVIN,

Acting Commissioner of Social Security,
Defendant.
FINAL

ORDER

Plaintiff Kimberly Cowan seeks judicial review of the decision

of the Commissioner of the Social Security Administration denying
her claim for a period of disability and disability insurance benefits
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.

The

Report and Recommendation of the Magistrate Judge was filed on August
12, 2013,

recommending that the Court deny Plaintiff's Motion for

Summary Judgment, grant the Commissioner's Cross Motion for Summary
Judgment,

affirm the final decision of the Commissioner, and that

judgment be entered in favor of the Commissioner.

By copy of the

report, each party was advised of the right to file written objections

1

to the findings and recommendations made by the Magistrate Judge.

On August 22, 2013, the Court received Plaintiff's Objections

to the Report and Recommendation of the Magistrate Judge (ECF No.
14).

Defendant did not file a response to Plaintiff's objections.

Having

reviewed

the

record

and

the

objections

filed

by

Plaintiff, and finding no error, the Court hereby ADOPTS the findings
and recommendations set forth in the Report and Recommendation of
the United States Magistrate Judge filed on August 12,
the decision of

Motion

for

the Commissioner is

Summary Judgment

Summary Judgment is DENIED,

is

AFFIRMED,

GRANTED,

2013,

Defendant's

Plaintiff's

and

Cross

Motion

for

and this case is DISMISSED.

Plaintiff is ADVISED that she 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 counsel
of

record.

/s

Mark S.

/-fllfe-

Davis

United States District Judge
Norfolk,

Virginia

September ^Q > 2013