Williams v. Colvin

Filing 17

ORDER ADOPTING AND APPROVING the U.S. Magistrate Judge's 16 Report and Recommendation filed on May 8, 2014, as outlined. Accordingly, it is hereby ORDERED that the final decision of the Commissioner be AFFIRMED; DENYING Plaintiff's [12 ] Motion for Summary Judgment; GRANTING Defendant's 14 Cross Motion for Summary Judgment, as outlined, noting appeal procedures. (See Order for Specifics) Entered 6/10/14 and filed 6/11/14. (Signed by District Judge Henry C. Morgan, Jr on 6/10/14). (ecav, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Newport News Division

SHARON L. WILLIAMS,

Plaintiff,
v.

Civil Action No.: 4:13cv53

CAROLYN W. COLVIN,
Acting Commissioner
of Social Security,
Defendant.

OPINION AND ORDER

Plaintiff Sharon L. Williams ("Williams" or "Plaintiff) brought this action seeking
judicial review of the final decision of the Commissioner of Social Security ("Commissioner" or
"Defendant") denying her claim for disability insurance benefits under Title II of the Social

Security Act and application for Supplemental Security Income ("SSI") under Title XVI 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 July 25, 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 May 8,
2014, finds that the Administrative Law Judge's ("ALJ") determination that Plaintiff is not

disabled is supported by substantial evidence, and that in making such a determination the ALJ
adequately applied and explained the weight given to the medical sources on the record. Doc. 16

at 27. Accordingly, the Magistrate Judge recommends the following: 1) that the final decision of
the Commissioner be affirmed; 2) the Plaintiffs Motion for Summary Judgment, Doc. 12, be

denied; and 3) the Defendant's Cross Motion for Summary Judgment, Doc. 14, be granted. Id. at
33.

By copy ofthe R&R, each party was advised ofthe right to file written objections to the
findings and recommendations made by the Magistrate Judge within fourteen (14) days from the
date that 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) ofthe 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 ofthe right to appeal
from ajudgment ofthis Court based on such findings and recommendations." Doc. 16 at 33.
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, Doc. 12, be DENIED, and Defendant's Cross Motion for Summary
Judgment, Doc. 14, be GRANTED.

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 ofthis Order. If Plaintiff wishes to proceed in
forma pauperis on appeal, the application to proceed in such a manner 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.

/s/

HENRY COKE MORGAN, JR

SENIOR UNITED STATES DISTRICT JUDGE

Norfolk, Virginia

June LO 2014