King v. Colvin

Filing 18

ORDER denying 11 Plaintiff's Motion for Summary Judgment; granting 15 Defendant's Motion for Summary Judgment; and adopting 17 Magistrate Judge's Report and Recommendations. The final decision of the Acting Commissioner is AFFIRMED. Signed by Chief District Judge Rebecca Beach Smith and filed on 1/9/18. (tbro)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

TONYA KING,

Plaintiff,
ACTION NO.

V.

NANCY A.

2:16cv610

BERRYHILL,

Acting Commissioner,
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 Acting Commissioner of the
Social Security Administration (''Commissioner") denying plaintiff's

claim for a period of disability and disability insurance benefits
C'DIB") under Title II of the Social Security Act.

On December 28, 2016, 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) of the Federal Rules of Civil

Procedure for report and recommendation.

Report of the magistrate

judge was filed on December 19 , 2017, recommending plaintiff' s Motion
for Summary Judgment be denied and defendant's Motion for Summary

Judgment be granted.
of

the

right

to

By copy of the report, each party was advised

file

written

objections

to

the

findings

and

recommendations

received

no

by

objections

recommendation,

The

made

court

recommendations

the

to

magistrate

the

judge.

magistrate

The

judge's

court

has

report

and

and the time for filing same has expired.

does
set

hereby adopt
forth

in

the

and approve
report

Magistrate Judge filed December 6, 2017.
Motion for Summary Judgment is DENIED,

of

the
the

findings
United

and

States

Accordingly, plaintiff's
the defendant's Motion for

Summary Judgment is GRANTED, and the final decision of the Acting
Commissioner i s

AFFIRMED.

The Clerk shall forward a copy of this Order to counsel for the
parties.

iti

Rebecca Beach Smith

^

Chief Judge

"'y-w'
REBECCA BEACH SMITH
CHIEF

January

2018

JUDGE