Lumpkin v. Commissioner of Social Security

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS; denying 17 Motion for Summary Judgment; denying 17 Motion to Remand; granting 19 Motion for Summary Judgment; overruling 24 Objections. The clerk is directed to close this case. Signed by Senior Judge Jackson L. Kiser on 3/19/2019. (mlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
DANVILLE DIVISION
CANDI M. LUMPKIN,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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MAR 19 2019

Case No. 4:17-cv-00030
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 deny Plaintiff Candi Lumpkin’s (“Plaintiff”) Motion for Summary
Judgment/Motion to Remand [ECF No. 17], grant the Commissioner’s Motion for Summary
Judgment [ECF No. 19], and affirm the Commissioner’s decision. The R&R was filed on July 31,
2018 [ECF No. 21], and Plaintiff filed an objection on August 28 [ECF No. 24]. The Commissioner
responded [ECF No. 25], and the matter is now ripe for review. See Fed. R. Civ. P. 72(b). After
careful review and consideration, and for the reasons stated in the accompanying Memorandum
Opinion, Plaintiff’s Objections are hereby OVERRULED, the R&R is ADOPTED IN ITS
ENTIRETY, Plaintiff’s Motion for Summary Judgment/Motion to Remand is DENIED, and the
Commissioner’s Motion for Summary Judgment is GRANTED. The clerk is directed to CLOSE
this case.
The Clerk is directed to send a copy of this Memorandum Opinion and the accompanying
Order to all counsel of record as well as to Magistrate Judge Hoppe.
ENTERED this 19th day of March, 2019.
s/Jackson L. Kiser
SENIOR UNITED STATES DISTRICT JUDGE