Cochran v. Colvin

Filing 14

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, and that the Acting Commissioner's final decision is AFFIRMED. Plaintiff is advised that she may appeal from this Opinion and Final Order by fo rwarding 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. Plaintiff must submit the application to proceed in forma pauperis 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. Copies distributed as directed. Signed by District Judge Henry C. Morgan, Jr on 3/6/2017. (cchr)

-FILED "
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

•• -6 201?

Newport News Division
LORA COCHRAN,

Plaintiff,
V.

Civil Action No.: 4:16cvll

CAROLYN W. COLVIN,
ACTING COMMISSIONER

OF SOCIAL SECURITY,
Defendant.

OPINION AND ORDER

Plaintiff Lora Cochran ("Plaintiff or "Cochran") 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 May 6, 2016, this matter was referred to a United States Magistrate Judge for a
Report and Recommendation. Doc. 6.

The Report and Recommendation of the Magistrate Judge ("R&R"), filed on December

28, 2016, finds that the Administrative Law Judge ("ALJ") properly found that Cochran was not
disabled under the Social Security Act after granting substantial weight to her disability rating

from the Department of Veterans Affairs. Doc. 13 at 9-14. Accordingly, the Magistrate Judge
recommends that Plaintiffs Motion for Summary Judgment, Doc. 8, be DENIED, that the

Acting Commissioner's Motion for Summary Judgment, Doc. 10, be GRANTED, and that the
final decision of the Acting Commissioner be AFFIRMED.

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. 13 at
14-15. 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 waiver of right to appeal
from a judgment of this Court based on such findings and recommendations." Id. at 15.

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, and that the
Acting Commissioner's final decision is AFFIRMED.

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 pauperis on appeal. Plaintiff must submit the application to proceed in forma pauperis 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 Stales District Judge
HENRY COKE MORGAN, JR.
SENIOR UNITED STATES DISTRICT JUDGE

Norfolk, Virginia
March

jg , 2017