Shreaves v. Astrue

Filing 16

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: granting 10 Motion for Summary Judgment; granting 11 Motion to Remand; denying 13 Motion for Summary Judgment; adopting Report and Recommendations re 15 Report and Recommendations; di recting the clerk to enter judgment in favor of the plaintiff: The final decision of the Commissioner is VACATED and REMANDED for further proceedings consistent with the Reports and Recommendations. (Signed by District Judge Henry C. Morgan, Jr. and filed on 2/3/2014). (Copies distributed to all counsel of record as directed on 2/3/2014).(bgra)

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

FEB . 3 2014

Norfolk Division

CL£mT^S^3TRfCTCOURT
NORFOLK, VA

DORIS A. SHREAVES,

Plaintiff,
Civil Action No.: 2:13cvl7

v.

CAROLYN W. COLVIN,1
Acting Commissioner
of Social Security,
Defendant.

OPINION AND ORDER

Plaintiff Doris A. Shreavcs brought this action under 42 U.S.C. § 405(g) and 42 U.S.C. §

1383(c)(3) seeking judicial review of the final decision of the Commissioner of Social Security
("Commissioner" or "Defendant") denying her claim for supplemental security income and disability
insurance benefits under sections 205(g) and 1631(c)(3) the Social Security Act. Pursuant to the

provisions of 28 U.S.C. §§ 636(b)(1)(B) and (C), 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 January 15, 2013, this matter was referred to a United States Magistrate
Judge for a Report and Recommendation. Doc. 3.

The Report and Recommendation of the Magistrate Judge ("R&R"), filed on November 5,
2013, finds that the Administrative Law Judge's ("ALJ") determination that Plaintiff is not disabled

lacks substantial evidentiary support. Doc. 15. Accordingly, the Magistrate Judge recommends the
following: 1) that the final decision of the Commissioner be vacated and remanded for further
proceedings consistent with the R&R; 2) the Plaintiffs Motion for Summary Judgment, Doc. 10,
1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013, and is substituted
for Michael J. Astnic as the defendant in this suit. See Fed. R. Civ. Proc. 25(d).

be granted; and 3) the Defendant's Cross Motion for Summary Judgment, Doc. 13, be denied. Id.
at 24.

By copy of the R&R, each party was advised of the right to file written objections to the
findings and recommendations made by the Magistrate Judge within fourteen (14) days from the date
that the R&R was mailed, pursuant to Rule 6(a) of the Federal Rules of Civil Procedure. The parties

were also given an additional three (3) days, pursuant to Rule 6(d) of the Federal Rules of Civil
Procedure. The time for filing written objections has now 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 a waiver of the right to appeal from a judgment

of this Court based on such findings and recommendations." Doc. 15 at 24.
This Court has reviewed the R&R of the Magistrate Judge and hereby adopts and approves in

full the findings and recommendations set forth therein. Accordingly, it is hereby ORDERED that
the final decision of the Commissioner be VACATED and REMANDED for further

proceedings consistent with the R&R, that Plaintiffs Motion for Summary Judgment, Doc. 10,
and for Remand, Doc. 11, be GRANTED, and the Defendant's Cross Motion for Summary
Judgment, Doc. 13, be DENIED.

Plaintiff is advised that he may appeal from this Opinion and 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 Order. If Plaintiffwishes to proceed in
forma pauperis on appeal, the application to proceed in such a manner is to be submitted to the
Clerk, United States Court of Appeals, Fourth Circuit, 1100 E. Main Street, Richmond, Virginia
23219.

The Clerk is REQUESTED to send a copy of this Opinion and Order to all counsel of
record.

It is so ORDERED.

/s/

HENRY COKE MORGAN, JR.
SENIOR UNITED STATES DISTRICT JUDGE

Norfolk, Virginia

February 3

,2014