McCain v. Astrue

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying plaintiff's 9 Motion for Summary Judgment; granting defendant's 11 Motion for Summary Judgment; adopting re 14 Report and Recommendations. The final decision of the Commissioner is affirmed, entering judgment for the defendant and noting appeal procedures. Signed by District Judge Rebecca Beach Smith and filed on 3/19/12. (jcow, )

UNITED

STATES

DISTRICT

EASTERN DISTRICT

FILED

COURT

OF VIRGINIA

Newport News Division

ADRIANNE

JONES

MAR 1 9 2012
CI.EHK. U.S. DISTRICT COURT

MCCAIN,

r;JR::Oi K VA

Plaintiff,
ACTION NO.

v.

MICHAEL

J.

4:llcv69

ASTRUE,

Commissioner of

the

Social

Security Administration,
Defendant.

FINAL

Plaintiff
and

405(g)

seeking

Commissioner of
Insurance

brought

judicial

Social

Benefits

Security Act.

this

ORDER

action under
review

of

42

the

U.S.C.
final

Title

The matter was

II

and

Title

XVI

(C),

Court

and Rule 72(b)

and

recommendation.

filed on February 22,
Commissioner be

the

for Disability
of

the

Social

§ 636(b)(1)(B)

of the Rules of the United States District

for the Eastern District of Virginia,

report

of

referred to a United States Magis

trate Judge pursuant to the provisions of 28 U.S.C.
and

1383(C)(3)

decision

Security denying her claim

under

§§

2012,

Report

of

the

on July 14,

2011,

for

magistrate

judge

was

the decision of

the

recommending that

affirmed.

By copy of the report,

each party was advised of the right to

file written objections to the findings and recommendations made by

the magistrate judge.

The court received Plaintiff's Objections to

the Report and Recommendation of

the Magistrate Judge on March 7,

2012,

and

Defendant's

Response

to

Plaintiff's

Objections

to

Magistrate Judge's Report and Recommendation was filed on March 15,
2012.

The

court,

having

examined

the

objections

to

the

Magistrate

Judge's Report and having made de novo findings with respect to the
portions
and

objected

to,

recommendations

Magistrate

Judge

decision of

the

forth

Commissioner

Judgment

Judgment

is

the

set

hereby adopt
in

the

filed February 22,

Summary

for

does

is

DENIED.

is

GRANTED;

AFFIRMED;

of

Accordingly,

the

the

the

defendant's
Motion

Clerk

findings

United States

Accordingly,

plaintiff's

from the

Final
of

Suite

100,

Order

this

by

filing

a

court,

United

States

Newport

the

date of

The
the

approve

the

final

Motion

for

Summary

enter

shall

for

judgment

defendant.

Clerk

from

Report

2012.

The parties may appeal
this

and

Clerk

News,

entry of

shall

parties.

judgment

written

Virginia

entered pursuant

notice

Courthouse,

23607,

of

appeal

24 00

within

with

West

sixty

to
the

Avenue,

(60)

days

such judgment.

forward a

copy

of

this

Order

to

counsel

for

/s/
Rebecca Beach Smith
Chief

United States District Judge
REBECCA BEACH
CHIEF

Norfolk,

Virginia

March \0[ , 2011

UNITED

SMITH
STATES

DISTRICT JUDGE