Shesler v. Astrue

Filing 12

ORDER adopting Report and Recommendations re 11 Report and Recommendations; granting 7 Motion to Dismiss for Lack of Jurisdiction; the decisionof the Commissioner is AFFIRMED and Plaintiff's case is DISMISSED with prejudice. Signed by District Judge Raymond A. Jackson and filed on 1/27/2014. Copy mailed to Plaintiff on 1/27/2014.(rsim, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Norfolk Division

KAREN SUE SHESLER,
Plaintiff,
CIVIL ACTION NO. 2:12cv565

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF

SOCIAL SECURITY ADMINISTRATION,
Defendant.

ORDER

Before the Court is the Magistrate Judge's Report and Recommendation on Karen Sue

Shesler's (Plaintiff) action forjudicial reviewof the final decision of the Acting Commissioner of

Social Security ("Defendant") denying Plaintiffs claim for disability insurance benefits ('DIB")
and supplemental security income ("SIS"). On April 11, 2013, this matter was referred to a

United States Magistrate Judge pursuant to the provisions of 28 U.S.C. Section 636(b)(1)(B) and
(C), Rule 72(b) of the Federal Rules of Civil Procedure and Rule 72 of the Rules of the United

States District Court for the Eastern District of Virginia for a report and recommendation. On

December 14, 2012, Defendant filed a Motion to Dismiss Plaintiffs Complaint. Ms. Shesler has

not responded or objected to this Motion. OnApril 15,2013, theMagistrate Judge filed hisreport
recommending that the Commissioner's decision be GRANTED. By copy of the report, each
party was advised of their right to file written objections to the findings and recommendations

made by the Magistrate Judge. The Court has received no objections to the reportand the time for
filing the same has expired.

The Court does hereby accept the findings and recommendations set forth in the report of
the United States Magistrate Judge filed April 15, 2013, and it is, therefore ORDERED that

Defendant's Motion to Dismiss Plaintiffs Complaint is GRANTED. Accordingly, the decision
of the Commissioner is AFFIRMED and Plaintiffs case is DISMISSED with prejudice.
The Clerk shall mail a copy of this final Order to counsel for both parties.
IT IS SO ORDERED.

XI

e „
Norfolk, ,,. . .
Virginia

January J j, 2014

Raymond A. Jackson

^ States District Judge