Hall v. Colvin
Filing
21
ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 16 Motion for Summary Judgment; granting 18 Motion for Summary Judgment; adopting Report and Recommendations re 20 Report and Recommendations.Signed by District Judge Henry C. Morgan, Jr on 12/16/2015. (cchr)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Newport News Division
TARA VERNELL HALL,
NOHFQ"lk va
Plaintiff,
Civil Action No.: 4:14cvl61
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,
Defendant.
ORDER
Plaintiff Tara Vemell Hall ("Plaintiff) brought this action pursuant 42 U.S.C. §405(g)
seeking judicial review of the final decision of the Acting Commissioner of the Social Security
Administration ("Commissioner") denying her claim for Disability Insurance Benefits ("DIB")
under Title II of the Social Security Act ("SSA"), as well as her claim for Supplemental Security
Income ("SSI") under Title XVI of the SSA. Pursuant to the provisions of 28 U.S.C.
§§ 636(b)(r)(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 February 20, 2015, this matter was referred to aUnited States Magistrate Judge
for a Report and Recommendation. Doc. 10.
The Report and Recommendation ofthe Magistrate Judge ("R&R"), filed on November
20, 2015, finds that the Administrative Law Judge's ("ALJ") determination that Plaintiff is not
disabled is based upon substantial evidence. Doc. 20 at 17, 32. Accordingly, the Magistrate
Judge recommends that Plaintiffs Motion for Summary Judgment be DENIED, the
Commissioner's Motion for Summary Judgment be GRANTED, and the decision of the
Commissioner be AFFIRMED. Id. at 32.
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 sent, 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 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 Commissioner'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 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 Plaintiffwishes to proceed in
forma pauperis on appeal, the application to proceed m 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.
's'
Henry Coke Morgan, Jr.
Senior United Slates District Judge
HENRY COKE MORGAN, JR:
SENIOR UNITED STATES DISTRIC
Norfolk, Virginia
December
2015
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