Bennett v. Colvin

Filing 15

ORDER ADOPTING AND APPROVING in full the United States Magistrate Judge's 14 REPORT AND RECOMMENDATION; DENYING Plaintiff's 9 Motion for Summary Judgment; GRANTING Defendant's 11 Motion for Summary Judgment; the final decision of the Commissioner is AFFIRMED. Judgment shall be entered in favor of the Commissioner, as outlined. (See Order for Specifics) Entered and filed 4/18/14. (Signed by District Judge Arenda L. Wright Allen on 4/18/14). (ecav, )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division DONALD BENNETT, Plaintiff, v. CivilNo.2:13cvl89 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. FINAL ORDER Plaintiff Donald Bennett brought this action under 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Social Security Commissioner ("Commissioner") denying his claim for disability insurance benefits ("DIB") under Title II of 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 June 25, 2013, this matter was referred to United States Magistrate Judge Lawrence R. Leonard for a Report and Recommendation. In a Report and Recommendation ("R&R") filed March 20, 2014, Judge Leonard found that the Administrative Law Judge's decision to deny Mr. Bennett's claim was supported by substantial evidence. See ECF No. 14 at 19. Accordingly, Judge Leonard recommended granting the Commissioner's motion for summary judgment, denying Mr. Bennett's motion for summary judgment and affirming the final decision of the Commissioner. Id. at 19-20. By copy of the R&R, each party was advised of the right to file written objections to the findings and recommendations made by Judge Leonard within fourteen (14) days from the date 1 the R&R was mailed, pursuant to Rule 6(a) of the Federal Rules of Civil Procedure. The time for filing written objections has passed, and neither party has filed objections. As indicated in the R&R, "failure to file timely specific written 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." Id. at 20. This Court has reviewed the R&R of Judge Leonard (ECF No. 14) and hereby ADOPTS and APPROVES in full the findings and recommendations set forth therein. Accordingly, it is hereby ORDERED that the Commissioner's Motion for Summary Judgment (ECF No. 11) is GRANTED, Mr. Bennett's Motion for Summary Judgment (ECF No. 9) is DENIED, and the final decision of the Commissioner is AFFIRMED. Judgment shall be entered in favor of the Commissioner. The Clerk is REQUESTED to send a copy of this Final Order to all counsel of record. IT IS SO ORDERED. ight Allen United States District Judge April / ^,2014 Norfolk, Virginia

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