Brim v. Colvin

Filing 27

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS and affirming Commissioner's decision; denying 15 Motion for Summary Judgment; granting 19 Motion for Summary Judgment; overruling Plaintiff's 24 Objections. The Clerk is directed to dismiss this action from the active docket of this Court. Signed by Judge Jackson L. Kiser on 4/11/2017. (mlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA DANVILLE DIVISION JEFFREY L. BRIM, ) ) Plaintiff, ) Case No.: 4:15-cv-57 ) v. ) ORDER ) NANCY A. BERRYHILL, Acting ) By: Hon. Jackson L. Kiser Commissioner of Social Security ) Senior United States District Judge Administration, ) ) Defendant. ) ______________________________________________________________________________ Before me is the Report and Recommendation of the United States Magistrate Judge recommending that an Order be entered granting Defendant Nancy A. Berryhill’s (“the Commissioner”) Motion for Summary Judgment [ECF. No. 19], denying Plaintiff Jeffrey L. Brim’s Motion for Summary Judgment [ECF No. 15], affirming the Commissioner’s final decision, and dismissing this action from the docket of the Court. The Report and Recommendation (“R & R”) was filed on February 17, 2017. [ECF No. 23]. Plaintiff filed a timely objection to the R & R on March 3, 2017 [ECF No. 24], and the Commissioner filed a response on March 28, 2017. [ECF No. 25]. For reasons stated in the accompanying Memorandum Opinion, Plaintiff’s objection is OVERRULED, Plaintiff’s Motion is DENIED, the Commissioner’s Motion is GRANTED, the Commissioner’s decision is AFFIRMED, and the Report and Recommendation is ADOPTED in its entirety. The Clerk is directed to dismiss this action from the active docket of the Court, and to send a copy of this Order to all counsel of record as well as to United States Magistrate Judge Joel C. Hoppe. Entered this 11th day of April, 2017. s/Jackson L. Kiser SENIOR UNITED STATES DISTRICT JUDGE

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