Earl v. Berryhill

Filing 17

ORDER: The Court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge filed December 21, 2018, and it is, therefore ORDERED that Plaintiff's Motion for Summary Judgment be DENIED, and Commissioner's Motion for Summary Judgment be GRANTED. Copies of this Order sent as DIRECTED on 1.14.19. Signed by District Judge Raymond A. Jackson and filed on 1/14/2019. (epri, )

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE EASTERN DISTRICT OF VIRGINIA
Norfolk Division

KELLY M.EARL,

CLERK. US DISTRICT COURT
NORFOi.K. VA

Plaintiff,
CIVIL ACTION NO.: 2:17cv546

V.

NANCY A. BERRYHILL,
Commissioner,
Social Security Administration,
Defendant

ORDER

On October 18, 2017, Plaintiff brought this action under Section 405(g) of the Social

Security Act, seeking judicial review of the final decision of the Defendant, Nancy A. Berryhill,
the Commissioner of the Social Security Administration ("the Commissioner"), which denied
Plaintiffs claim for Supplemental Security Disability Income("SSDl") under the Social Security
Act.

On March 26, 2018, 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 ofthe Rules ofthe United States District Court for the Eastem District

ofVirginia for a report and recommendation(R&R). On December 21,2018,the Magistrate Judge
filed his report recommending that Plaintiffs Motion for Summary Judgment be DENIED, and
Defendant's Motion for Summary Judgment be GRANTED. By copy of the report, the parties

were advised of their right to file written objections to the findings and recommendations of 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 December 21, 2018, and it is, therefore ORDERED that
Plaintiffs Motion for Summary Judgment be DENIED,and Commissioner's Motion for
Summary Judgment be GRANTED.
Plaintiff may appeal from this final Order by forwarding a written notice of appeal to the
Clerk of the United States District Court, Norfolk Division, 600 Granby Street, Norfolk, Virginia
23510. The written notice must be received by the Clerk within sixty(60)days from the date of
the entry of this Dismissal Order.

The Clerk is DIRECTED to provide a copy of this final Order to the parties.
IT IS SO ORDERED.

Norfolk, Virginia
January /^,2019

Raymond A.Jackson

United States District Judge