Stephens v. Commissioner Of Social Security

Filing 33

ORDER ADOPTING 32 REPORT AND RECOMMENDATION in its entirety; granting 27 Motion for Summary Judgment by Commissioner of Social Security; denying 26 Plaintiff's Brief/Motion for Summary Judgment. Signed by Judge Norman K. Moon on February 27, 2017. (ca)

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

ROBERT STEPHENS,

CIVIL ACTION NO. 6:15-cv-00044
Plaintiff,

v.

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER

JUDGE NORMAN K. MOON

This matter is before the Court on the parties’ cross Motions for Summary Judgment
(docket nos. 26 and 27), and the Report & Recommendation of United States Magistrate Judge
Robert S. Ballou (docket no. 32, 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. The parties filed cross motions for summary judgment, and on
January 30, 2017, Judge Ballou filed a Report recommending that Plaintiff’s Motion for
Summary Judgment be denied, and the Commissioner’s Motion for Summary Judgment be
granted. 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.

The Report of January 30, 2017, is hereby ADOPTED in its entirety;

2.

Plaintiff’s Motion for Summary Judgment (docket no. 26) is hereby DENIED;
and

3.

Defendant’s Motion for Summary Judgment (docket no. 27) is hereby
GRANTED.

The Clerk of the Court is hereby directed to send a certified copy of this Order to all
counsel of record and to remove this case from the Court’s active docket.
It is so ORDERED.
Entered this 27th day of February, 2017.