Everett v. Colvin

Filing 16

FINAL ORDER adopting Report and Recommendations re 15 Report and Recommendations; granting 12 Defendant's Motion for Summary Judgment; denying 10 Plaintiff's Motion for Summary Judgment; the final decision of the Commissioner is AFFIRMED; and the case is DISMISSED WITH PREJUDICE. Signed by Chief District Judge Rebecca Beach Smith and filed on 12/11/2013. (rsim, )

UNITED

STATES DISTRICT COURT

FILED

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

DEC 1 1 2013
SHONTAE EVERETT,

CLERK, US. DISTRICT COURT
NORFOLK. VA

Plaintiff,
ACTION NO.

v.

CAROLYN W.

2:13cv21

COLVIN,

Acting Commissioner of the Social
Security Administration,
Defendant.

FINAL

ORDER

Plaintiff brought this action under 42 U.S.C.

1383(c)(3)

§§4 05 (g) and

seeking judicial review of the final decision of the

Commissioner of the Social Security Administration ("Commissioner")

denying plaintiff's claim for disability insurance benefits ("DIB")
and supplemental security income ("SSI"), under the Social Security
Act.

On March 27, 2013, 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 for report and recommendation.

Report of the magistrate

judge was filed on November 20, 2013, recommending defendant's Motion

to Summary Judgment be granted,

plaintiff's Motion for Summary

Judgment be denied, that the final decision of the Commissioner be

affirmed, and that the matter be dismissed with prejudice.

By copy

of the report, each party was advised of the right to file written
objections to the findings and recommendations made by the magistrate

judge.

The court has received no objections to the magistrate

judge's report and recommendation, and the time for filing same has
expired.
The

court

recommendations

does
set

hereby adopt
forth

in

the

and approve
report

Magistrate Judge filed November 20, 2013.
Motion for Summary Judgment

is

of

the
the

findings
United

and

States

Accordingly, defendant's

GRANTED;

plaintiff's Motion for

Summary Judgment is DENIED, the final decision of the Commissioner
is

AFFIRMED;

Accordingly,

and

the

case

is

hereby DISMISSED WITH

PREJUDICE.

the Clerk shall enter judgment for the defendant.

The Clerk shall forward a copy of this Final Order to counsel

for plaintiff and defendant.

/s/
Rebecca Beach Smith
Chief

United States District Judge
REBECCA BEACH

CHIEF UNITED

December

\\
,
\\ ' 2013
20:

SMITH

STATES DISTRICT JUDGE