Sutton v. Colvin

Filing 23

FINAL ORDER; denying 18 Motion for Summary Judgment; granting 20 Motion for Summary Judgment; adopting Report and Recommendations re 22 Report and Recommendations, AFFIRMS the final decision of the Commissioner. Copies distributed to all counsel. Signed by District Judge Robert G. Doumar on 1/3/2018. (clou)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

WILLIAM L. SUTTON,

Plaintiff,
V.

CIVIL NO. 2:16-cv-741

NANCY A. BERRYHILL,

Acting Commissioner ofthe
Social Security Administration,

Defendant.'
FINAL ORDER

William L. Sutton ("Plaintiff) brought this action under 42 U.S.C. § 405(g), seeking
judicial review of the decision of the Commissioner of Social Security ("Commissioner") to

deny his claim for disability insurance benefits vmder Title II of the Social Security Act. Plaintiff
claims that he is disabled and that the Administrative Law Judge did not properly account for
Plaintiffs need for a cane.

This matter was referred to a United States Magistrate Judge for a report and

recommendation pursuant to provisions of 28 U.S.C. § 636(b)(1)(B) and (C) and Rule 72(b) of
the Federal Rules of Civil Procedure as well as Rule 72 of the Local Rules of the United States

District Court for the Eastern District of Virginia. The Report and Recommendation of the
Magistrate Judge was filed on December 7, 2017, which recommends that the Court affirm the
final decision of the Commissioner, grant the Commissioner's Motion for Summary Judgment
(ECF No. 20), and deny Plaintiffs Motion for Summary Judgment (ECF No. 18). ECF No. 22.

' Nancy A. Berryhill became the Acting Commissioner of the Social Security Administration on January
23, 2017, after the commencement of this lawsuit. Therefore, Nancy A. Berryhill (hereinafter,
"Commissioner") has been substituted for Carolyn W. Colvin as defendant in this case.
1

By copy of such report, each party was advised of the right to file written objections to the
findings and recommendations made by the Magistrate Judge. Id at 18. To date, the Court has
received no objections to the Magistrate Judge's Report and Recommendation, and the time for
filing same has expired.

Therefore, the Court hereby ADOPTS the findings and recommendations of the
Magistrate Judge as set forth in the Report and Recommendation filed on December 7, 2017.
ECF No. 22.

Accordingly, the Court GRANTS Commissioner's Motion for Summary

Judgment, ECF No. 20, DENIES Plaintiffs Motion for Summary Judgment, ECF No. 18, and
AFFIRMS the final decision of the Commissioner.

The Clerk is DIRECTED to forward a copy of this Final Order to all Counsel of Record.
IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

Norfolk, VA

January ^ ,2018