Holmes v. Berryhill

Filing 16

ORDER that: The plaintiff's OBJECTIONS TO THE REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE 14 are overruled; THE REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE 13 is adopted on the basis of the reasoning of the REPORT AND RECOMMENDATION; The plaintiff's MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, MOTION TO REMAND 8 and 9 is denied; The DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 11 is granted; and 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. Signed by District Judge Robert E. Payne on 07/12/2018. (smej, )

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

Richmond Division

ALETHEA R. HOLMES,

Plaintiff,
Civil Action No. 3:17cvl20

V.

NANCY A. BERRYHILL,

Acting Commissioner of
Social Security,
Defendant.

ORDER

Having reviewed the REPORT AND RECOMMENDATION of the Magistrate
Judge entered herein on June 6, 2018 (EOF No. 13), the plaintiff's
OBJECTIONS TO THE REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE (EOF
No. 14), the DEFENDANT'S RESPONSE TO PLAINTIFF'S OBJECTIONS TO THE

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (ECF No. 15), and having
considered the record and the REPORT AND RECOMMENDATION (ECF No. 13)

and finding no error therein, it is hereby ORDERED that;
(1)

The

plaintiff's

OBJECTIONS

TO

THE

REPORT

AND

RECOMMENDATIONS OF MAGISTRATE JUDGE (ECF No. 14) are overruled;

(2)

The REPORT AND RECOMMENDATION of the Magistrate Judge (ECF

No. 13) 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 TO REMAND (ECF Nos. 8 and 9) is denied;

(4) The DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECFR No. 11)
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/

/i 9ylf

Robert E. Payne

Senior United States District Judge

Richmond, Virginia

Date: July ^ *1^, 2018