Futrell v. Astrue

Filing 18

FINAL ORDER adopting and approving re 17 Report and Recommendations ; granting 12 Motion for Summary Judgmentand, or in the Alternative 13 Motion to Remand to the extent that it seeks remand of the Commissioner's decision and DENIED to the extent that it seeks reversal and an entry of anorder directing the award of benefits; denying 15 Cross Motion for Summary Judgment and the final decision of the Commissioner be VACATED and REMANDED for further proceedings consistent with the R&R. Signed by District Judge Arenda L. Wright Allen and filed on 1/9/2014. (rsim, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Newport News Division

JACQULINE M. FUTRELL,
Plaintiff,

v.

CivilNo.4:13cv25

CAROLYN W. COLVIN,

Acting Commissioner of
Social Security,
Defendant.

FINAL ORDER

Plaintiff Jacquline M. Futrell brought this action under 42 U.S.C. § 405(g) seeking

judicial review of the final decision of the Social Security Commissioner ("Commissioner")

denying her claim for 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), 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 April 18, 2013, this matter was referred to United
States Magistrate Judge Tommy E. Miller for a Report and Recommendation.
In a Report and Recommendation ("R&R") filed November 22, 2013, Judge Miller found
that the Administrative Law Judge's decision to deny Ms. Futrell's claim was made without full
consideration of all the evidence on the record. ECF No. 17 at 29. Accordingly, Judge Miller

recommended vacating the decision of the Commissioner and remanding this case to the
Commissioner for further proceedings consistent with the R&R. Id.

By copy of the R&R, each party was advised of the right to file written objections to the
findings and recommendations made by Judge Miller 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 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 waiver of right to appeal from a judgment of this court based on such
findings and recommendations." Id. at 30.
This Court has reviewed the R&R of Judge Miller (ECF No. 17) and hereby ADOPTS

and APPROVES in full the findings and recommendations set forth therein. Accordingly, it is

hereby ORDERED that Ms. Futrell's Motion for Summary Judgment or, in the Alternative,
Motion for Remand (ECF Nos. 12 & 13) be GRANTED to the extent that it seeks remand of the
Commissioner's decision and DENIED to the extent that it seeks reversal and an entry of an

order directing the award of benefits; the Commissioner's Cross Motion for Summary Judgment
(ECF No. 15) be DENIED; and the final decision of the Commissioner be VACATED and
REMANDED for further proceedings consistent with the R&R.

The Clerk is REQUESTED to send a copy of this Final Order to all counsel of record.
IT IS SO ORDERED.

ArerMaJL. WrighfrTVllen

United States District Judge

9^

January °\ ,2014
/ ,20
Norfolk, Virginia