Deloatch v. Astrue

Filing 14

OPINION AND ORDER 8 Plaintiff's Motion for Summary Judgment be DENIED; 12 Defendant's Motion for Summary Judgment be GRANTED; adopts and approves 13 Report and Recommendations. The final decision of the Commissioner be UPHELD. Appeal procedure noted. Signed by District Judge Henry C. Morgan, Jr. on 8/3/09 and filed on 8/10/09. (lhow, )

FILED
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA
Newport News Division ANTHONY DELOATCH,

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CLERK. US niSTHiCT COURT
NOhrG! K. VA

Plaintiff, v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

Civil Action No.: 4:08cv94

OPINION AND ORDER

Plaintiff brought this action under 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3) seeking
judicial review of the final decision of the Commissioner of Social Security ("Commissioner")

denying his claim for Supplemental Security Income under the Social Security Act. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(l)(B) and (C), Rule 72(b) of the Federal Rules of Civil Procedure, Rule 72 of the Rules of the United States District Court for the Eastern District of
Virginia, and by order of reference dated January 26, 2009, this matter was referred to a United
States Magistrate Judge for a Report and Recommendation. Doc. 6.

The Report and Recommendation of the Magistrate Judge ("R&R"), filed on July 1, 2009,

finds that the Administrative Law Judge's ("ALJ") determination that Plaintiff is not disabled is

based upon substantial evidence. Doc. 13. Accordingly, the Magistrate Judge recommends the
following: 1) that the final decision of the Commissioner be upheld; 2) that Defendant's Motion

for Summary Judgment be granted; and 4) that Plaintiffs Motion for Summary Judgment be denied. IcLat20.
By copy of the R&R, each party was advised of the right to file written objections to the

findings and recommendations made by the Magistrate Judge within ten (10) days from the date the

1

R&R was mailed, pursuant to Rule 6(a) of the Federal Rules of Civil Procedure. The time for
filing written objections has now passed, and neither party has filed objections. As indicated in the R&R, "failure to file timely objections to the findings and recommendations set forth [in the R&R]
will result in a waiver of the right to appeal from a judgment of this Court based on such findings and recommendations." Id. at 21.

This Court has reviewed the R&R of the Magistrate Judge and hereby adopts and approves

in full the findings and recommendations set forth therein. Accordingly, it is hereby ORDERED
that the final decision of the Commissioner be UPHELD, that Plaintiffs Motion for Summary
Judgment be DENIED, and that Defendant's Motion for Summary Judgment be GRANTED.

Plaintiff is advised that he may appeal from this Opinion and Final Order by forwarding a
written notice of appeal to the Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510. Said written notice must be received

by the Clerk within sixty (60) days from the date of this Order. If Plaintiff wishers to proceed in forma pauperis on appeal, the application to proceed in forma pauperis is to be submitted to the
Clerk, United States Court of Appeals, Fourth Circuit, 1100 E. Main Street, Richmond, Virginia
23219.

The Clerk is REQUESTED to send a copy of this Opinion and Order to all counsel of record.

It is so ORDERED.

Henry Coke Morgan, Jr.

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Senior United States District Judge
HENRY COKE MORGAN, JR. SENIOR UNITED STATES DISTRICTJUD

Norfolk, Virginia

Date:

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