Gautreau v. Colvin

Filing 21

FINAL ORDER - The court, having examined the objections to the Magistrate Judge's Report and having made de novo findings with respect to the portions objected to, does hereby adopt and approve the findings and recommendations set forth in the R eport of the United States Magistrate Judge filed February 26, 2016. Accordingly, the Plaintiff's Motion for Summary Judgment (ECF No. 10) is DENIED; the Defendant's Motion for Summary Judgment (ECF No. 12) is GRANTED; and, the final decisi on of the Commissioner is AFFIRMED. The parties may appeal from the judgment entered pursuant to this Final Order by filing a written notice of appeal with the Clerk of this Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510, within sixty (60) days from the date of entry of such judgment. Copies distributed to all parties. Signed by Chief District Judge Rebecca Beach Smith on 3/31/2016. (cchr)

UNITED

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

ERIC MATTHEW GAUTREAU,

Plaintiff,
V.
CAROLYN W.

ACTION NO.

2:15CV81

COLVIN,

Acting Coimnissioner of the Social
Security Administration,
Defendant.

FINAL

ORDER

Plaintiff brought this action under 42 U.S.C. § 405(g), seeking
judicial review of the decision of the Commissioner of the Social
Security

Administration

("Commissioner")/

which

denied

the

Plaintiff's claim for Disability Insurance Benefits ("DIB") under
Title II of the Social Security Act.
On August 25, 2015, this matter was referred to a United States

Magistrate

Judge,

636(b)(1)(B)

Procedure

and

for

pursuant
(C),

report

to

the

and Rule 72(b)

and

provisions

of

28

U.S.C.

§

of the Federal Rules of Civil

recommendation.

The

Report

of

the

magistrate judge was filed on February 26, 2016, recommending that
the decision of the 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 received Plaintiff's Objections to the Magistrate Judge's

Report and Recommendation on March 11, 2016, and Defendant' s Response
was filed March 24,

The court,

2016.

having examined the objections to the Magistrate

Judge's Report and having made ^

novo findings with respect to the

portions objected to, does hereby adopt and approve the findings and
recommendations

Magistrate

set

Judge

forth

filed

in

the

February

Report

26,

of

2016.

the

United

States

Accordingly,

the

Plaintiff's Motion for Summary Judgment (ECF No. 10) is DENIED; the
Defendant's Motion for Summary Judgment (ECF No. 12} is GRANTED; and,
the

final

decision of

the

Commissioner

i s AFFIRMED.

The parties may appeal from the judgment entered pursuant to
this Final Order by filing a written notice of appeal with the Clerk
of this court, United States Courthouse, 600 Granby Street, Norfolk,

Virginia 23510, within sixty (60) days from the date of entry of such
judgment.
The Clerk shall forward a copy of this Final Order to counsel
for the parties.

IT IS SO ORDERED.

/s/
Rebecca Beach Smith
Chief Judge
REBECCA BEACH
CHIEF

March

,

2016

JUDGE

SMITH