Gwynn v. Colvin

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 13 Plaintiff's Motion for Summary Judgment; granting 16 Defendant's Motion for Summary Judgment. Defendant's final decision denying Plaintiff's claim is AFFIRMED, and this matter is DISMISSED WITH PREJUDICE. Signed by District Judge Robert G. Doumar and filed on 6/23/2015. (rsim, )

IN THE UNITED STATES DISTRICT COUR*

FOR THE EASTERN DISTRICT OF VIRGINIA

FILED

NEWPORT NEWS DIVISION

CLERK, U.S. DISTRICT COURT

GARRETT LOPEZ GWYNN,

NORFOLK. VA

Plaintiff

v.

CIVIL NO. 4:14cvl21

CAROLYN W. COLVIN,

Acting Commissioner of the Social
Security,
Defendant.
ORDER

Pursuant to 28 U.S.C. §§ 636(b)(1)(B) and (C), Federal Rule of Civil Procedure 72(b),

Local Civil Rule 72, and the April 2, 2002, Standing Order on Assignment of Certain Matters to

United States Magistrate Judges, this Court referred this matter to Magistrate Judge Douglas E.
Miller. The parties filed opposing Motions for Summary Judgment, and Judge Miller filed a

Report and Recommendations ("R & R"), ECF No. 19, with respect to the parties' opposing
motions, recommending that this Court affirm the final decision of Carolyn Colvin, Acting
Commissioner of the Social Security Administration.

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. This Court has received no written objections or other response to

the R & R from either party and the time for filing objections has expired.
When reviewing a Magistrate Judge's R & R, the Court must make a de novo

determination of those portions of the R & R to which objections, if any, are made.

1

Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1)(C). The Court is authorized to accept, reject or

modify, in whole or in part, the findings and recommendations made by the Magistrate Judge.
Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1)(C).

In the absence of any objections to the R & R from either party, the findings of fact and
conclusions of law contained therein are hereby ADOPTED in their entirety. ECF No. 19.

Plaintiffs Motion for Summary Judgment is DENIED. ECF No. 13. Defendant's Motion for

Summary Judgment is GRANTED. ECF No. 16. Defendant's final decision denying Plaintiffs
claim is hereby AFFIRMED, and this matter is DISMISSED WITH PREJUDICE.
The Clerk is DIRECTED to enter judgment in favor of Defendant and to forward a copy
of this Order to all Counsel of Record.
IT IS SO ORDERED.

S DISTRICT JUDGE

Newport News, VA

June £3, 2015