Taylor v. Social Security

Filing 24

ORDER GRANTING the Government's 11 Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, for Summary Judgment (ECF No. 11); ADOPTING the findings and recommendations set forth in the Report and Recommendation of the U.S. Magistrate Judge filed on 2/4/13 (ECF No. 21), noting appeal procedures. Entered 3/13/13 and filed 3/14/13. (Signed by District Judge Mark S. Davis on 3/13/13). Copy mailed to plaintiff 3/15/13. (ecav, )

UNITED STATES DISTRICT COURT

FILED

FOR THE EASTERN DISTRICT OP VIRGINIA
Newport News Division

MAR 1 4 2013
RICHARD TAYLOR,

CLERK. US DISTRICT COURT
NO^-OIX. VA

Plaintiff,

v.

ACTION NO. 4:12cv39

SOCIAL SECURITY,
Defendant.
FINAL

Plaintiff Richard Taylor,

ORDER

proceeding pro se,

has sued the

Defendant, Social Security ("the Government"), under Section 205 of
the Social Security Act,

42 U.S.C.

§ 405(g),

seeking judicial

review of the Social Security Administration's decision to withhold
100% of his monthly retirement benefits to recover an overpayment.
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
February

4,

2013,

recommending

that

the

Court

grant

the

Government's Motion to Dismiss or, in the Alternative, for Summary

Judgment <ECF No. 11) and dismiss the case.

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.

On February 20, 2013, the Court received Plaintiff's Response

to the Magistrate Judge's Report and Recommendation (ECF No. 22),
and on February 25,

2013,

the Government filed a Response to

Plaintiff's Objection to the Report and Recommendation of the
United States Magistrate Judge (ECF No. 23).

Having reviewed the record and the objections filed by
Plaintiff,

findings

and finding no error,

and

recommendations

the Court hereby ADOPTS the

set

forth

in

the

Report

and

Recommendation of the United States Magistrate Judge filed on

February 4, 2013, and the Government's Motion to Dismiss, or in the
Alternative, for Summary Judgment {ECF No. 11) 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, 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 Final Order.
The Clerk shall forward a copy of this Final Order to Plaintiff
and to counsel of record for Defendant.

Mark S.

Davis

Jifl-

United States District Judge
Norfolk, Virginia

March _k=L, 2013