Josey v. Colvin

Filing 20

ORDER: denying 14 Motion for Summary Judgment; granting 16 Motion for Summary Judgment; adopting Report and Recommendations re 19 Report and Recommendations. The Court does hereby accept the findings and recommendations set forth in the re port of the United States Magistrate Judge filed May 26, 2017, and it is, therefore ORDERED that Plaintiffs Motion for Summary Judgment is DENIED and Defendant's Motion for Summary Judgment is GRANTED. Accordingly, the final decision of the Commissioner is AFFIRMEDand Plaintiffs case is DISMISSED. Copy of order provided to counsel for both Parties. Signed by District Judge Raymond A. Jackson on 7/6/2017. (bgra)

FILED
'IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

- 62017

Norfolk Division
Cl ERK. U.S. DISTRICT COI. tT
NOHFOI K. VA

ELLEN ROBERTA JOSEY,
Plaintiff,
V.

CIVIL ACTION NO. 2:16cv497

COMMISSIONER OF

SOCUJL SECURITY,
Defendant.

ORDER

Before the Court is the Magistrate Judge's Report and Recommendation on Ellen Roberta
Josey's ("Plaintiff") action forjudicial review of the final decision of the Commissioner of Social
Security ("Defendant") denying Plaintiffs claim for disability insurance benefits ('DIB"). On
November 7, 2016, this matter was referred to a United States Magistrate Judge pursuant to the

provisions of 28 U.S.C. Section 636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of Civil
Procedure and Rule 72 of the Rules of the United States District Court for the Eastern District of

Virginia for a report and recommendation. On December 6, 2016, Plaintiff filed a Motion for
Summary Judgment and accompanying memorandum. (ECFNos. 14 & 15). On January 5,2017,
Defendant filed a Motion for Summary Judgment and accompanying memorandum. (ECF Nos. 16

& 17). On May 26, 2017, the Magistrate Judge filed his report recommending that Plaintiffs
Motion for Summary Judgment be DENIED, that Defendant's Motion for Summary Judgment be
GRANTED, and the Commissioner's final decision be AFFIRMED. By copy of the report,
each party was advised of their right to file written objections to the findings and recommendations
made by the Magistrate Judge. The Court has received no objections to the report and the time for

filing the same has expired.
The Court does hereby accept the findings and recommendations set forth in the report of

the United States Magistrate Judge filed May 26, 2017, and it is, therefore ORDERED that
Plaintiffs Motion for Summary Judgment is DENIED and Defendant's Motion for Summary
Judgment is GRANTED. Accordingly, the final decision of the Commissioner is AFFIRMED
and Plaintiffs case is DISMISSED.

The Clerk shall mail a copy of this final Order to counsel for both Parties.
IT IS SO ORDERED.

Norfolk, Virginia

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United :>laies District Judge