Smith v. Astrue

Filing 28

ORDER overruling Plaintiff's Objections; adopting 24 Report and Recommendations; granting 22 Motion for Summary Judgment; dismissing case. Signed by Judge Jackson L. Kiser on 11/5/12. (ham)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION SHARON S. SMITH, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 4:11-cv-00031 ORDER By: Hon. Jackson L. Kiser Senior United States District Judge Before me is the Report and Recommendation (“R & R”) of Hon. B. Waugh Crigler recommending that I grant Defendant’s Motion for Summary Judgment [ECF No. 24], affirm the Commissioner’s final decision, and dismiss this case. Plaintiff filed timely Objections [ECF No. 25], and the Commissioner responded [ECF No. 26]. consideration. See FED. R. CIV. P. 72(b). The Objections are now ripe for I have reviewed the Magistrate Judge’s recommendation, Plaintiff’s Objections, the Commissioner’s response, and the relevant portions of the record. For the reasons stated in the accompanying Memorandum Opinion, I hereby OVERRULE Plaintiff’s Objections, ADOPT the R & R in its entirety, GRANT the Commissioner’s Motion for Summary Judgment, and DISMISS this case. The Clerk is directed to forward a copy of this Order and the accompanying Memorandum Opinion to all counsel of record and to Magistrate Judge Crigler. Entered this 5th day of November, 2012. s/Jackson L. Kiser SENIOR UNITED STATES DISTRICT JUDGE

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