Sykes v. Commissioner of Social Security

Filing 21

FINAL ORDER: The Court hereby ADOPTS the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed on August 25, 2017, and the decision of the Acting Commissioner is AFFIRMED, Defendant' ;s motion for summary judgment, ECF No. 16, is GRANTED, Plaintiff's motion for summary judgment, ECF No. 15, is DENIED, and this case is DISMISSED WITH PREJUDICE. Copies of this Order sent as DIRECTED on 10.2.17. Signed by District Judge Mark S. Davis on 10/2/2017. (epri)

FLED
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

OCT

2 2017

CIERK. us DISTRICT COURT
RANDY LEE

N0^-0!.K, VA

SYKES,

Plaintiff,
ACTION NO.

V.

NANCY A.

2;16cv593

BERRYHILL,

Acting Commissioner of
Social Security,
Defendant.

FINAL

ORDER

Plaintiff Randy Lee Sykes brought this action, pro se, seeking
judicial review of the final decision of the Acting Commissioner of
Social Security denying his claim for disability insurance benefits
under Title II of the Social Security Act.

This matter was referred to a United States Magistrate Judge,

pursuant to the provisions of 28 U.S.C. §§ 636(b) (1) (B) and (C) and
Rule 72(b)
72

of

of the Federal Rules of Civil Procedure, as well as Rule

the Local

Rules of

the United States District Court for

Eastern District of Virginia, for a report and recommendation.

the

The

Report and Recommendation of the Magistrate Judge was filed on August
25, 2017, recommending that Plaintiff's motion for summary judgment,
ECF No. 15, be DENIED, Defendant's motion for summary judgment, ECF

No.

16,

be

GRANTED,

and

that

the

final

decision of

the Acting

Commissioner

PREJUDICE.

be

AFFIRMED

and

that

this

matter

be

DISMISSED

WITH

By copy of the Report and Recommendation, each party was

advised of the right to file written objections to the findings and

recommendations made by the Magistrate Judge.

No objections were

filed by either party and the time for filing said objections has
expired.
Having reviewed the record,

and finding no error,

the Court

hereby ADOPTS the findings and recommendations set forth in the Report
and Recommendation of the United States Magistrate Judge filed on
August

25,

AFFIRMED,

GRANTED,
DENIED,

2017,

and the decision of

the Acting Commissioner is

Defendant's motion for summary judgment,

ECF No.

16,

is

Plaintiff's motion for summary judgment,

ECF No.

15,

is

and this case is DISMISSED WITH PREJUDICE.

Plaintiff is ADVISED that he may appeal from this Final Order
by forwarding a written notice of appeal to the Clerk of the United

States District Court, United States Courthouse, 600 Granby Street,
Norfolk, Virginia 23510 .

Said written notice must be received by the

Clerk within sixty (60) days from the date of this Final Order.
The Clerk shall forward a copy of this Final Order to Plaintiff
and to counsel

of

record

for Defendant.

/sTSTU^
Mark S.

Davis

United States District Judge
Norfolk, Virginia

October 3l , 2017