Thornton v. Colvin

Filing 19

ORDER denying 12 PlaintiffsMotion for Summary Judgment; granting 16 Defendant's Motion for Summary Judgment; adopting 18 the R&R of the Magistrate Judge and approves in full the findings and recommendations set forth therein. The Commissioner's final decision is AFFIRMED, and this case is DISMISSED WITH PREJUDICE. Signed by District Judge Henry C. Morgan, Jr on 4/7/14. (tbro)

FILED
UNITED STATES DISTRICT COURT

APR -7 2014

EASTERN DISTRICT OF VIRGINIA

Newport News Division
CLERK, U S. DISIIiICI COURT

ELDRIDGE PALMORE THORNTON,

NORI ! »LK, VA

Plaintiff,
Civil Action No.: 4:13cv40

V.

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,
Defendant.

OPINION AND ORDER

Plaintiffbrought this action under 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3) seeking
judicial review of the final decision of the Acting Commissioner of the Social Security
Administration ("Commissioner") denying his claim for Disability Insurance Benefits ("DIB")

under 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 June 27, 2013,

this matter was referred to a United States Magistrate Judge for a Report and Recommendation.
Doc. 8.

The Report and Recommendation of the Magistrate Judge ("R&R"), filed on February 24,
2014, finds that the Administrative Law Judge's ("ALT) determination that Plaintiff is not

disabled is based upon substantial evidence. Doc. 18. Accordingly, the Magistrate Judge
recommends the following: 1) that the Commissioner's Motion for Summary Judgment be

granted; 2) that Plaintiffs Motion for Summary Judgment be denied; 3) that the final decision of
the Commissioner be affirmed; and 4) that this case be dismissed. Id. at 16.

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

parties were also given an additional three (3) days, pursuant to Rule 6(d) 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 16. Neither party
has filed any objections to the R&R.

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 that Defendant's Motion for Summary Judgment is GRANTED, that Plaintiffs

Motion for Summary Judgment is DENIED, that the Commissioner's final decision is
AFFIRMED, and that this case is DISMISSED WITH PREJUDICE.

Plaintiff is advised that he 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 Opinion and Order to all counsel of
record.
It is so ORDERED.

/§/
Henry Coke Morgan, Jr.

Senior United States District Judge
HENRY COKE MORGAN, JR.

lha>

SENIOR UNITED STATES DISTRICT JUDGE

Norfolk, Virginia

April

/

,2014