Walden v. Astrue

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 15 Motion for Summary Judgment; denying 16 Motion to Remand; granting 21 Motion for Summary Judgment. Signed by Judge Norman K. Moon on September 11, 2014. (sfc)

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

CIVIL ACTION NO. 6:13-cv-00018
Plaintiff,
v.

ORDER

CAROLYN W. COLVIN, 1
Commissioner of Social Security,

JUDGE NORMAN K. MOON
Defendant.

This matter is before the court on the parties’ cross Motions for Summary Judgment
(docket nos. 15 and 21), Plaintiff’s Motion to Remand (docket no. 16), and the Report &
Recommendation of United States Magistrate Judge Robert S. Ballou (docket no. 23, hereinafter
“Report”). Pursuant to Standing Order 2011-17 and 28 U.S.C. § 636(b)(1)(B), I referred this
matter to Judge Ballou for proposed findings of fact and a recommended disposition. On August
13, 2014, Judge Ballou filed a Report recommending that Plaintiff’s Motion for Summary
Judgment (docket no. 15) be denied, the Commissioner’s Motion for Summary Judgment (docket
no. 21) be granted, and Plaintiff’s Motion to Remand (docket no. 16) be denied. After a review
of the record in this case, and no objections having been filed to the Report within fourteen days
of its service upon the parties, I adopt the Report in its entirety.
Accordingly:
1.
2.
1

The Report of August 13, 2014, is hereby ADOPTED in its entirety;
Plaintiff’s Motion for Summary Judgment (docket no. 15) is hereby DENIED;

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin is hereby substituted for Michael J. Astrue as the
defendant in this suit.

3.

Plaintiff’s Motion to Remand (docket no. 16) is hereby DENIED;

4.

Defendant’s Motion for Summary Judgment (docket no. 21) is hereby
GRANTED; and

5.

This case is hereby DISMISSED.

The Clerk of the Court is hereby directed to send a certified copy of this Order to all
counsel of record and to United States Magistrate Judge Robert S. Ballou.
It is so ORDERED.

Entered this 11th

day of September, 2014.

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