Cooke v. Colvin

Filing 22

ORDER overruling Plaintiff's Objection; adopting 19 Report and Recommendations; denying 10 Motion for Summary Judgment; denying 10 Motion to Remand; granting 16 Motion for Summary Judgment; dismissing case from the Court's active docket. Signed by Judge Jackson L. Kiser on 9/12/2014. (mlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION KENNETH J. COOKE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 4:13-cv-00018 ORDER By: Hon. Jackson L. Kiser Senior United States District Judge Before me is the Report and Recommendation (“R & R”) of the United States Magistrate Judge recommending that I grant the Commissioner’s Motion for Summary Judgment, deny Plaintiff’s Motion for Summary Judgment/Motion to Remand, and affirm the final decision of the Commissioner. The R & R was filed on August 5, 2014, and Plaintiff Kenneth J. Cooke filed a timely Objection on August 19, 2014. The Commissioner did not respond, and the matter is ripe for review. See Fed. R. Civ. P. 72(b)(2). After careful review and consideration, and for the reasons stated in the accompanying Memorandum Opinion, I hereby OVERRULE Plaintiff’s Objection [ECF No. 20], ADOPT the R & R of the Honorable Joel C. Hoppe [ECF No. 19], GRANT the Commissioner’s Motion for Summary Judgment [ECF No. 16], DENY Plaintiff’s Motion for Summary Judgment/Motion to Remand [ECF No. 10], AFFIRM the final decision of the Commissioner, and DISMISS this case from the active docket of the Court. The Clerk is directed to send a copy of this Order and the accompanying Memorandum Opinion to all counsel of record as well as to Magistrate Judge Hoppe. ENTERED this 12th day of September, 2014. s/Jackson L. Kiser SENIOR UNITED STATES DISTRICT JUDGE

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