Phelps v. Astrue

Filing 16

** VACATED. SEE 19 FINAL ORDER ** FINAL ORDER accepting and adopting Report and Recommendations re 15 Report and Recommendations. 1 Complaint is DISMISSED without prejudice. The decision of the Commissioner is AFFIRMED and the case is closed. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/4/13. (tdai, ) Modified text on 1/7/2013 (tdai, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

SHANNON PHELPS,

Plaintiff,
Civil Action No.

v

3:12cv492

MICHAEL J. ASTRUE,
Commissioner of Social

Security,
Defendant.

FINAL ORDER

This

matter

is

before

the

Court

on

the

Report

and

Recommendation of the Magistrate Judge entered on December 10,

2012 {Docket No.

15) .

The time to file objections has expired

and neither party has objected to the Magistrate Judge's Report
and Recommendation.

Having considered the matter and deeming it

otherwise proper and just to do so, it is hereby ORDERED:

(1)

The Report and Recommendation of the Magistrate Judge
is ACCEPTED and ADOPTED as the OPINION of the Court;

(2)

Plaintiff's

Complaint

without prejudice;

{Docket

No.

1)

is

DISMISSED

(3)

The decision of the Commissioner is AFFIRMED; and

(4)

This case is CLOSED.

The

Clerk

is

directed

to

a

copy

of

this

Final

Order

Plaintiff and all counsel of record.
It is so ORDERED.

/s/

Robert E. Payne

fit?

Senior United States District Judge

Richmond, Virginia

Date:

January

IP, 2013

to