Holloway v. Astrue

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying plaintiff's 10 Motion for Summary Judgment; granting defendant's 14 Motion for Summary Judgment; adopting Report and Recommendations re 16 Report and Recommendations; the decision of the Commissioner is affirmed and this case is dismissed; noting appeal procedures.. Signed by District Judge Mark S. Davis on 1/17/12 and filed on 1/18/12. (jcow, )

UNITED STATES

FILED

DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

JAN

Newport News Division

1 8 2012

WILLIAM VANDEN HOLLOWAY,

Plaintiff,
V.

ACTION NO.

MICHAEL J.

4:llcv35

ASTRUE,

Commissioner of
Administration,

the Social Security

Defendant.

FINAL

Plaintiff

brought

this

ORDER

action

under

42

U.S.C.

§

405(g)

seeking judicial review of the decision of the Commissioner of the
Social

Security

Administration

denying

plaintiff's

claim

for

a

period of disability and disability insurance benefits under Title
II of

the Social Security Act.

This matter was referred to a United States Magistrate Judge,
pursuant to the provisions of 28 U.S.C.

§ 636(b)(l)(B)

and <C)

and

Rule 72 (b) of the Federal Rules of Civil Procedure, as well as Rule
72 of the Local Rules of the United States District Court for the
Eastern District of Virginia,
Report

and

December

Recommendation

15,

2011,

of

for a report and recommendation.
the

recommending

Commissioner be affirmed.

Magistrate

that

Judge

the

was

filed

decision

By copy of the report,

of

The
on

the

each party was

advised of the right to file written objections to the findings and
recommendations

made

by

the

Magistrate

Judge.

The

Court

has

received

no

objections

Recommendation,

and the

to

the

time

for

The Court hereby ADOPTS

Magistrate

Judge's

filing same has

the findings

Report

and

expired.

and recommendations

set

forth in the report of the United States Magistrate Judge filed on
December

15,

AFFIRMED,

2011,

and

Defendant's

the

decision

motion

for

of

the

summary

Commissioner

judgment

Plaintiff's motion for summary judgment is DENIED,

is

is

GRANTED,

and this case is

DISMISSED.

Plaintiff is ADVISED that he may appeal

from this Final Order

by forwarding a written notice of appeal to the Clerk of the United

States District Court,
Newport News,

by

the

United States Courthouse,

Virginia 23607.

Clerk within

sixty

2400 West Avenue,

Said written notice must be received

(60)

days

from

the

date

of

this

Final

Order.
The Clerk shall

forward a

copy of

this

Final

Order

to

counsel

of record for the parties.

Mark S.

Davis

United States

Norfolk,

Virginia

January 11

. 2012

District Judge