Hence v. Astrue

Filing 24

FINAL ORDER adopting findings and recommendations set forth in 23 Report and Recommendations; affirming decision of the Commissioner; granting 15 Motion for Summary Judgment filed by Michael J. Astrue; denying 10 Motion for Summary Judgment filed by Arthur Hence; dismissing this case. Signed by District Judge Mark S. Davis on 12/20/12; filed 12/21/12. (mwin, )

UNITED STATES DISTRICT COURT

I

FOR THE EASTERN DISTRICT OF VIRGINIA

FILED
I

Newport News Division

nrrt

DEC 2 1 2012

L

ARTHUR HENCE,

_____

CLERK, US DISTRICT COURT
Plaintiff,

v.

ACTION NO.

MICHAEL J.

4:12cvl

ASTRUE,

Commissioner of Social Security,
Defendant.

FINAL ORDER

Plaintiff brought this action seeking judicial review of the
decision of the Commissioner of the Social Security Administration

denying his claim for supplemental security income ("SSI") under
Title XVI 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) (1) (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, for a report and recommendation.

The

Report and Recommendation of the Magistrate Judge was filed on
November

30,

2012,

recommending

Commissioner be affirmed.

that

the

decision

By copy of the report,

of

the

each party was

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

received

no

made

by

objections

the

to

Magistrate

the

Judge.

Magistrate

The Court

Judge's

Report

has

and

Recommendation, and the time for filing same has expired.

The Court hereby ADOPTS the findings and recommendations set
forth in the report of the United States Magistrate Judge filed on
November

AFFIRMED,
GRANTED,

30,

the

2012,

and

the

decision

Commissioner's

motion

of

for

the

Commissioner

summary

Plaintiff's motion for summary judgment is

is

judgment

is

DENIED,

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, United States Courthouse, 2400 West Avenue,
Newport News, Virginia 23607.
by the Clerk within sixty

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.

Is
Mark S.

7S(\&-

Davis

United States District Judge
Norfolk, Virginia

December otO , 2012