Nipper v. Colvin

Filing 18

ORDER. It is hereby ORDERED that the REPORT AND RECOMMENDATION of the Magistrate Judge (Docket No. 17 ) is adopted. It is further ORDERED that: (1) PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Docket No. 13 ) is denied; (2) PLAINTIFF'S MOTION T O REMAND (Docket No. 14 ) is denied; (3) DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Docket No. 16 ) is granted; (5) The decision of the Commissioner is affirmed; and (6) The Clerk shall close this action. It is so ORDERED. Signed by District Judge Robert E. Payne on 09/14/2017. (nbrow)

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

ROY NIPPER,

r~ ~

rL

CLERK, U.S. DISTRICT COURT
RICHMOND, VA

Plaintiff,

v.

Civil Action No. 3:16cv374

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.
ORDER

This

matter

RECOMMENDATION of
2017

(Docket

RECOMMENDATION,

is

before

the

Court

the Magistrate Judge

No.
and

17).
there

Having
being

on

REPORT

entered on August

reviewed
no

the

timely

the
filed

REPORT

AND
28,

AND

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,

it

is

hereby ORDERED that

REPORT AND RECOMMENDATION of the Magistrate Judge
17)

the

(Docket No.

is adopted on the basis of the reasoning of the REPORT AND

RECOMMENDATION.
It is further ORDERED that:
(1)

PLAINTIFF'S

MOTION

FOR SUMMARY JUDGMENT

(Docket

13) is denied;
(2)

~~i·~11

~ ~EP 152~u
r-'

PLAINTIFF'S MOTION TO REMAND (Docket No. 14) is

No.

denied;
(3)

DEFENDANT'S

MOTION

FOR

SUMMARY

JUDGMENT

(Docket

No.

16) is granted;
(5)

The decision of the Commissioner is affirmed; and

(6)

The Clerk shall close this action.

The

Clerk

is

directed

to

send

a

copy of

this

Order

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

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

Richmond, Virginia.I.
Date: Septemberµ, 2017

2

to