Perrin v. Astrue

Filing 18

FINAL ORDER denying 10 Motion for Summary Judgment; granting 12 Motion for Summary Judgment; adopting 14 Report and Recommendation of the Magistrate Judge; Any appeal must be filed within 60 days. Signed by District Judge Henry E. Hudson on 10/10/13. (kyou, )

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

CLERK, U.S. DISTRICT COURT
RICHMOND, VA

ROGER PERRIN,

Plaintiff,
CIVIL NO. 3:12cv741-HEH

CAROLYN W. COLVIN,

Commissioner of Social Security,
Defendant.
FINAL ORDER

(Overruling Objections to and Adopting Report and Recommendation)

THIS MATTER is before the Court on a Report and Recommendation, pursuant to
28 U.S.C. § 636(b)(1)(B), filed by the Honorable David J. Novak, United States
Magistrate Judge, on September 4, 2013. Roger Perrin ("Plaintiff) has filed objections

thereto. Because the issues are adequately addressed in the briefs, and oral argument
would not materially aid the Court in the decisional process, no oral argument is
necessary at this time.

Having reviewed both the record and the Magistrate Judge's Report and
Recommendation in this case, this Court finds that there is substantial justification, in the

record, to support Judge Novak's findings of fact and conclusions of law. Accordingly,
and based upon all of the facts in the record before the Court, it appears that (1) the
Commissioner's decision was supported by substantial evidence in the record; and that
(2) Plaintiff was not disabled according to the regulations.
Accordingly, this Court hereby ADOPTS the September 4, 2013 Report and
Recommendation of the Magistrate Judge. In accordance with that Report and

Recommendation, the Court hereby DENIES Plaintiffs Motion for Summary Judgment
and GRANTS Defendant's Motion for Summary Judgment.

Any appeal from this decision must be taken by filing a written notice of appeal
with the Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to

file a timely notice of appeal may result in the loss of the right to appeal.
The Clerk is directed to send a copy of this Order to Plaintiff and to all counsel of
record.
It is so ORDERED.

4fc^

/s/

Henry E. Hudson
United States District Judge

Date: \jc\ I 0 2.P13
Richmond, VA

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