Martin v. Colvin

Filing 18

FINAL ORDER: denying 13 Motion for Summary Judgment; granting 15 Motion for Summary Judgment; adopting Report and Recommendations re 17 Report and Recommendations. Plaintiff's Motion for Summary Judgment is DENIED; defendant's Motion for Summary Judgment is GRANTED, and the final decision of the Acting Commissioner is AFFIRMED. Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 1/6/2015. (bgra)

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FILED UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Norfolk Division JAN - 6 2015 CLEKK. I NOP SHIRLEY ANN MARTIN, COURT -• VA Plaintiff, v. CAROLYN W. ACTION NO. 2:14cv54 COLVIN, Acting Commissioner of the Social Security Administration, Defendant. FINAL ORDER Plaintiff brought this action under 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Acting Commissioner of the Social Security Administration ("Acting Commissioner") denying plaintiff's claim for disability insurance benefits ("DIB"), under Title II of the Social Security Act. On May 8, 2014, Magistrate Judge, this matter was referred to a United States 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 December 17, 2014, recommending plaintiff' s Motion for Summary Judgment be denied, defendant's Motion for Summary Judgment be granted, and that the final decision of the Acting Commissioner be affirmed. 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 does hereby adopt and approve the findings and recommendations set forth in the report of the United States Magistrate Judge filed December 17, 2014. Accordingly, plaintiff's Motion for Summary Judgment is DENIED; defendant' s Motion for Summary Judgment is GRANTED, and the final decision of the Acting Com missioner is AFFIRMED. Accordingly, 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 United States District Judge _j(j^fi£r •*e>v REBECCA BEACH SMITH CHIEF UNITED STATES DISTRICT JUDGE January 6, 2015

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