Luckado v. Colvin

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION 27 in its entirety; denying 17 Plaintiff's Motion for Summary Judgment; and granting 21 Defendant's Motion for Summary Judgment. Signed by Judge Norman K. Moon on July 14, 2017. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA LYNCHBURG DIVISION CHEYENNE D. LUCKADO, Plaintiff, v. 7/14/2017 CASE NO. 6:16-cv-00002 ORDER NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, JUDGE NORMAN K. MOON Defendant. This matter is before the Court on the parties’ cross motions for summary judgment (dkts. 17 and 21), and the Report & Recommendation of United States Magistrate Judge Robert S. Ballou (dkt. 27, 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 June 29, 2017, Judge Ballou filed a Report recommending that Plaintiff’s Motion for Summary Judgment, (dkt. 17), be denied, and the Commissioner’s Motion for Summary Judgment, (dkt. 21), 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 June 29, 2017, is hereby ADOPTED in its entirety; 2. Plaintiff’s Motion for Summary Judgment, (dkt. 17), is hereby DENIED; 3. Defendant’s Motion for Summary Judgment (dkt. 21) is hereby GRANTED; and 4. This case is hereby DISMISSED. The Clerk of the Court is hereby directed to send a copy of this Order to all counsel of record and to United States Magistrate Judge Robert S. Ballou. It is so ORDERED. Entered this 14th day of July, 2017.

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