Waller v. Astrue

Filing 17

OPINION AND ORDER that the final decision of the Commissioner be AFFIRMED, that 12 Plaintiff's Motion for Summary Judgment be DENIED, and that 14 Defendant's Motion for SummaryJudgment be GRANTED. Signed by District Judge Henry C. Morgan, Jr on 8/10/2013 and filed on 8/14/2013. (rsim, )

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UNITED STATES DISTRICT COURT FILED EASTERN DISTRICT OF VIRGINIA Newport News Division 1 4 2013 YVONNE WALLER, CLERK. US DISTRICT COURT Plaintiff, NO~-01 K. VA v. Civil Action No. 4:12cvl 31 CAROLYN W. COLVIN,1 Acting Commissioner of Social Security, Defendant. OPINION AND ORDER Plaintiff brought this action under 42 U.S.C. § 405(g) and seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1)(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 December 3,2012, this matter was referred to a United States Magistrate Judge for a Report and Recommendation. Doc. 6. The Report and Recommendation ofthe Magistrate Judge ("R&R"), filed on July 12,2013, finds that the Administrative Law Judge ("ALJ") did not err in weighing opinions and testimony and finds that the ALJ's decision is supported by substantial evidence. Doc. 16 at 22, 24, and 26. Accordingly, the Magistrate Judge recommends the following: 1) that the final decision of the Commissioner be affirmed; 2) that Defendant's Motion for Summary Judgment be granted; and 3) that Plaintiffs Motion for Summary Judgment be denied. Id. at 27. ' Carolyn W. Colvin became theActing Commissioner of Social Security onFebruary 14,2013, and issubstituted for Michael J. Astrue as the defendant in this suit. See FED. R. CIV. P. 25(d). 1 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 fourteen (14) days from the date the 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 27. 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 AFFIRMED, that Plaintiffs Motion for Summary Judgment be DENIED, and that Defendant's Motion for Summary Judgment be GRANTED. Plaintiffis advised that she 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 wishes 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 Order to all counsel of record. It is so ORDERED. /§/ Henry Coke Morgan, Jr. Senior United States District Ju HENRY COKE MORGAN, JR. SENIOR UNITED STATES DISTRICT JUDGE Norfolk, Virginia Date: %/l61IJ2

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