Jolly v. Colvin

Filing 16

FINAL ORDER Denying 11 Motion for Summary Judgment; Granting 13 Motion for Summary Judgment; Adopting Report and Recommendations re 15 Report and Recommendations.. Signed by District Judge Robert G. Doumar and filed on 7/31/17. Copies distributed to all parties 7/31/17. (ldab, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
NEWPORT NEWS DIVISION

RASHARD JOLLY,
Plaintiff,
V.

CIVIL NO. 4:16-cv-38

NANCY A. BERRYHILL,'
Acting Commissioner of Social Security,
Defendant.

FINAL ORDER

Plaintiff brought this action under 42 U.S.C. § 405(g) seeking judicial review of the
decision of the Commissioner of Social Security ("Commissioner") to deny his claim for
disability insurance benefits ("DBI") under Title II and Supplemental Security Income ("SSI")
under Title XVI of the Social Security Act. Plaintiff complains primarily of back and leg pain,
and mental impairments.

This matter was referred to a United States Magistrate Judge pursuant to provisions of 28
U.S.C. § 636(b)(1)(B) and (C) and Rule 72(b) of the Federal Rules of Civil Procedure, as well as
Rule 72 of the Local Rules of the United States District Court for the Eastern District of Virginia,

for a report and recommendation. The Report and Recommendation of the Magistrate Judge was
filed on July 13, 2017, recommending that the final decision of the Commissioner be affirmed.

ECF No. 15. By copy of this report, each party was advised of the right to file written objections
to the findings and recommendations made by the Magistrate Judge. Id at 24. To date, the

' Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017. Pursuant
to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted in place of
Carolyn W. Colvin as the defendant in this suit.
1

Court has received no objections to the Magistrate Judge's Report and Recommendation, and the
time for filing same has expired.
The Court hereby ADOPTS the findings and recommendations of the Magistrate Judge
as set forth in the Report and Recommendation filed on July 13, 2017.

ECF No. 15.

Accordingly, the Court hereby GRANTS the Commissioner's Motion for Summary Judgment
(ECF No. 13), DENIES Plaintiffs Motion for Summary Judgment (ECF No. 11), and
AFFIRMS the decision of the Commissioner.

The Clerk is DIRECTED to forward a copy of this Final Order to all counsel of record.
IT IS SO ORDERED.

ES DISTRICT JUDGE

Norfolk, VA

Julv^/. 2017