Smith v. Colvin

Filing 18

ORDER that the 17 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted on the basis of the reasoning of the REPORT AND RECOMMENDATION. It is further ORDERED that: 1) PLAINTIFF'S 13 MOTION FOR SUMMARY JUDGMENT is denied; 2) DEFENDANT 'S 14 MOTION FOR SUMMARY JUDGMENT is granted; 3) The decision of the Commissioner is affirmed; and 4) The Clerk shall close this action. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/15/2015. Order was distributed as directed. (sbea, )

B
IN THE UNITED

L

OCT I 6 2015

STATES DISTRICT COURT

•-^1

FOR THE EASTERN DISTRICT OF VIRGINIA

Richmond Division

DESIREE S.

CLERK. U.S. DISTRICTCOURT
RIChlviOND. VA

SMITH,

Plaintiff,
Civil Action No.

V .

CAROLYN W.

3:14cv699

COLVIN,

Commissioner of

Social

Security,
Defendant.

ORDER

This matter i s before the Court on the REPORT AND RECOMMENDATION

of the Magistrate Judge entered on September 28,
17) .

no

2015

(Docket No.

Having reviewed the REPORT AND RECOMMENDATION, and there being

timely

filed

objections

thereto,

and

the

time

for

filing

objections having expired, and having considered the record and the
REPORT AND RECOMMENDATION and finding no error therein, i t is hereby

ORDERED that the REPORT AND RECOMMENDATION of the Magistrate Judge

(Docket No. 17) is adopted on the basis of the reasoning of the REPORT
AND

RECOMMENDATION.

It

is

(1)

further ORDERED that:

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

(Docket No.

13)

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

(Docket No.

14)

is denied;

(2)

is granted;

(3)

The decision of the Commissioner is affirmed; and

(4)

The Clerk shall close this action.

The Clerk is directed to send a
Plaintiff and to counsel
It

is

for

copy of this Order to the

the defendant.

so ORDERED.

/s/
Robert E. Payne
Senior United States District Judge

Richmond, Virginia^
Date:

October

2015