Clark v. Astrue

Filing 22

ORDER denying 9 Motion for Summary Judgment; dismissing as moot 9 Motion to Remand; granting 16 Motion for Summary Judgment; adopting re 19 Report and Recommendations. Signed by District Judge Michael F. Urbanski on 2/8/2013. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
MICHELLE L. CLARK,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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)
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Civil Action No. 5:11cv139
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)
) By: Michael F. Urbanski
)
United States District Judge
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)
ORDER

This matter was referred to the Honorable B. Waugh Crigler, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended
disposition. The magistrate judge filed a report and recommendation on November 20, 2012,
recommending that plaintiff’s motion for summary judgment be denied, the Commissioner’s
motion for summary judgment be granted and the Commissioner’s final decision be affirmed.
Plaintiff has filed objections to the report and recommendation.
The court has reviewed the magistrate judge’s report, the objections to the report, the
response to those objections, and the pertinent portions of the administrative record and, in so
doing, made a de novo determination of those portions of the report to which the plaintiff
objected. The court finds that the magistrate judge was correct in concluding that there is
substantial evidence in the record to support the ALJ’s determination. Accordingly, the court
accepts the magistrate judge’s recommendation that the Commissioner’s decision should be
affirmed.
It is therefore ORDERED and ADJUDGED that plaintiff’s motion for summary
judgment (Docket # 9) is DENIED, the Commissioner’s motion for summary judgment (Docket

# 16) is GRANTED, the report and recommendation (Dkt. # 19) is ADOPTED in its entirety,
the Commissioner’s decision is AFFIRMED, and this matter is STRICKEN from the active
docket of the court.
The Clerk is directed to send a certified copy of this Order to all counsel of record.
Entered: February 8, 2013

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge

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