Testamark v. Colvin

Filing 20

ORDER that (1) The plaintiff's OBJECTIONS TO THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (ECF No. 18 ) are overruled; (2) The REPORT AND RECOMMENDATION of the Magistrate Judge (ECF No. 14 ) is adopted on the basis of the reasoning of the REPORT AND RECOMMENDATION; (3) The plaintiff's MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, MOTION FOR REMAND (ECF Nos. 7 and 8 is denied; (4) The DEFENDANT' s MOTION FOR SUMMARY JUDGMENT (Docket No. 10 ) is granted; and (5) The Commissioner's decision is affirmed. It is further ORDERED that the issues are adequately addressed by the briefs and oral argument would not materially aid the decisional process. It is so ORDERED. Signed by District Judge Robert E. Payne on 10/11/2017. (sbea, )

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

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IL

OCT I I 2017

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CLERK, U.S. DISTRICT COURT
RICHMOND VA

CARLYN T. TESTAMARK,
Plaintiff,

v.

Civil Action No. 3:16cv202

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.
ORDER
Having reviewed the REPORT AND RECOMMENDATION of the Magistrate
Judge entered herein on August 21, 2017 (ECF No. 14) , the plaintiff's
OBJECTIONS TO THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
(ECF No. 18), the DEFENDANT'S RESPONSE TO PLAINTIFF'S OBJECTIONS TO
THE MAGISTRATE JUDGE, s REPORT AND RECOMMENDATION (ECF

No. 19) , and

having considered the record and the REPORT AND RECOMMENDATION (ECF
No. 14) and finding no error therein, it is hereby ORDERED that:
(1)

The

plaintiff's

OBJECTIONS

TO

THE

REPORT

AND

RECOMMENDATION OF THE MAGISTRATE JUDGE (ECF No. 18) are overruled;
(2)

The REPORT AND RECOMMENDATION of the Magistrate Judge (ECF

No. 14) is adopted on the basis of the reasoning of the REPORT AND
RECOMMENDATION;
(3) The plaintiff's MOTION FOR SUMMARY JUDGMENT OR IN THE
ALTERNATIVE, MOTION FOR REMAND (ECF Nos. 7 and 8) is denied;

(4) The DEFENDANT' s MOTION FOR SUMMARY JUDGMENT (Docket No. 10)
is granted; and
(5) The Commissioner's decision is affirmed.
It is further ORDERED that the issues are adequately addressed
by the briefs and oral argument would not materially aid the
decisional process.
It is so ORDERED.

/s/
Robert E. Payne
Senior United States District Judge
Richmond, Virginia
Date: October _Jj_, 2017

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