Phillips v. Astrue

Filing 21

ORDER denying 12 Motion for Summary Judgment; granting 14 Motion for Summary Judgment; adopting Report and Recommendations re 17 and further such relief as set forth in said order. Signed by Judge Norman K. Moon on 10/25/11. (hnw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

FELICIA D. PHILLIPS,

CIVIL NO. 6:10-CV-53
Plaintiff,
v.

ORDER

MICHAEL J. ASTRUE, COMMISSIONER OF
SOCIAL SECURITY,
JUDGE NORMAN K. MOON
Defendant.

This matter is before the court on consideration of the parties’ cross-motions for
summary judgment (docket nos. 12 and 14), the Report and Recommendation (“Report”) of
United States Magistrate Judge B. Waugh Crigler (docket no. 17), Plaintiff’s objections (docket
no. 18), and the response (docket no. 19) thereto filed by the Commissioner of Social Security
(“Commissioner”).

As explained in the accompanying memorandum opinion, Plaintiff’s

objection to the magistrate judge’s Report fails because it lacks the specificity required by Rule
72, and after reviewing the record, I nonetheless find that substantial evidence supports the
administrative law judge’s determination.
Accordingly, it is hereby ORDERED as follows: Plaintiff’s objections are
OVERRULED; the magistrate judge’s Report is ADOPTED in toto; the Commissioner’s motion
for summary judgment is GRANTED; Plaintiff’s motion for summary judgment is DENIED; and
this action is DISMISSED and STRICKEN from the active docket of the court.

The Clerk of the Court is directed to send a certified copy of this order and the
accompanying memorandum opinion to all counsel of record and the United States Magistrate
Judge B. Waugh. Crigler.
It is so ORDERED.
25th
Entered this_____day of October, 2011.

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