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)

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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

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