Ray v. Colvin

Filing 14

Final Order re: 8 Motion for Summary Judgment; 10 Motion for Summary Judgment; 13 Report and Recommendations. Signed by District Judge Arenda L. Wright Allen on 8/18/17 and filed 8/21/17. Copies distributed to all parties 8/21/17. (ldab, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Norfolk Division

TERRANCE LAMONTE RAY,
Plaintiff,
V.

Civil No. 2:16cv486

NANCY A. BERRYHILL,

Acting Commissioner of
Social Security,
Defendant.
FINAL ORDER

Plaintiff Terrance Ray brought this action pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3),

seeking judicial review of a decision of the Acting Commissioner of the Social Security
Administration ("SSA") denying his claim for a period of disability and 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 October 18, 2016, this matter was referred to a United States Magistrate Judge

for a Report and Recommendation.

In a Report and Recommendation ("R&R") subsequently filed (ECF No. 13), the
Magistrate Judge found that Plaintiffs Motion for Summary Judgment (ECF No. 8) should be
GRANTED IN PART AND DENIED IN PART, and the Commissioner's Motion for Summary

Judgment (ECF No. 10) should be DENIED, and that the underlying decision of the
Commissioner should be VACATED AND

accordance with the reasoning of the R&R.
1

REMANDED

for further consideration in

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 days from the date
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 36.
This Court has reviewed the R&R (ECF No. 13) 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. 10) is DENIED, Plaintiffs

Motion for Summary Judgment (ECF No. 8) is GRANTED IN PART AND DENIED IN
PART, and the final decision of the Commissioner is VACATED AND REMANDED for

further consideration. The Clerk is REQUESTED to send a copy of this Final Order to all
coimsel of record.
IT IS SO ORDERED.

Arenda L. Wright Allen
United States District Judge

August

I (/ ,2017

Norfolk, Virginia

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

TERRANCE LAMONTE RAY,

Plaintiff,
V.

CiviINo.2:16cv486

NANCY A. BERRYHILL,

Acting Commissioner of
Social Security,
Defendant.

FINAL ORDER

Plaintiff Terrance Ray brought this action pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3),

seeking judicial review of a decision of the Acting Commissioner of the Social Security
Administration ("SSA") denying his claim for a period of disability and 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 October 18, 2016, this matter was referred to a United States Magistrate Judge
for a Report and Recommendation.

In a Report and Recommendation ("R&R") subsequently filed (ECF No. 13), the
Magistrate Judge found that PlaintiflTs Motion for Sxraunary Judgment (ECF No. 8) should be
GRANTED IN PART AND DENIED IN PART, and the Commissioner's Motion for Summary

Judgment (ECF No. 10) should be DENIED, and that the underlying decision of the
Commissioner should be

VACATED

AND

accordance with the reasoning of the R«S:R.
1

REMANDED

for

further consideration

in

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 days from the date
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 . . . fmdings 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 36.
This Court has reviewed the R&R (ECF No. 13) and hereby ADOPTS and APPROVES

in lull the fmdings and recommendations set forth therein. Accordingly, it is hereby ORDERED
that the Commissioner's Motion for Summary Judgment (ECF No. 10) is DENIED, Plaintiff's
Motion for Summary Judgment (ECF No. 8) is GRANTED IN PART AND DENIED IN
PART, and the final decision of the Commissioner is VACATED AND REMANDED for
ftmher consideration. The Clerk is REQUESTED to send a copy of this Final Order to all
counsel of record.
IT IS SO ORDERED.

Arenda L. Wright Allen
United States District Judge

August

13^
/ ^

Norfolk, Virginia

.2017