Christian v. Colvin

Filing 20

OPINION AND ORDER - 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 Acting Commissioner's Motion for Su mmary Judgment, Doc. 16, is GRANTED, that Plaintiffs Motion for Summary Judgment, Doc. 14, is DENIED, that the Acting Commissioner's final decision is AFFIRMED, and that this case is DISMISSED WITH PREJUDICE. Plaintiff is advised that she may ap peal 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. Copies distributed to all counsel of record. Signed by District Judge Henry C. Morgan, Jr. on 7/19/2016. (cchr)

FILED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Newport News Division

KAREN LORETTA CHRISTIAN,

nor?olk" va

Plaintiff,
V.

Civil Action No.: 4:15cv41

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

OPINION AND ORDER

Plaintiff Karen Loretta Christian ("Plaintiff or "Christian") brought this action under 42

U.S.C. § 405(g) seeking judicial review of the final decision of the Acting Commissioner of the
Social Security Administration ("Acting Commissioner") denying her claim for Disability
Insurance Benefits ("DIB") pursuant to Title II 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 20, 2015, this matter was referred to a United
States Magistrate Judge for a Report and Recommendation. Doc. 11.

The Report and Recommendation of the Magistrate Judge C'R&R"), filed on May 6,
2016, finds that the Administrative Law Judge ("ALJ") properly accounted for Plaintiffs mental

impairments, obesity and the effects of obesity on her other impairments and in combination
with her other impairments, and diabetes and osteoarthritis and allied disorders in his residual

functional capacity ("RFC") determination. Doc. 19 at 14-28. Additionally, the R&R finds that
ihe ALJ's RFC was not inconsistent with his finding that Plaintiff had class Il-Ill heart failure.

Id. at 28. Accordingly, the Magistrate Judge recommends that Plaintiffs Motion for Summary
Judgment, Doc. 14, be DENIED, that the Acting Commissioner's Motion for Summary
Judgment, Doc. 16, be GRANTED, that the final decision of the Acting Commissioner be
AFFIRMED, and that this matter be DISMISSED WITH PREJUDICE.

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. Doc. 19 at

32. 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 Acting Commissioner's Motion for Summary Judgment, Doc. 16, is
GRANTED, that Plaintiffs Motion for Summary Judgment, Doc. 14, is DENIED, that the

Acting 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 Plaintiff wishes to proceed in

forma oauperis 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 oflhis Opinion and Order to all counsel of
record.

It is so ORDERED.

N

Henry Coke Morgan, Jr.
Senior Ujiiicd Slates District Judue > ,

HENRY COKE MORGAN,
SENIOR UNITED STATES DISTRICT JUDGE

Nortblk. y^ginia

July _/_2j2016