Bambara v. Berryhill

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION adopting 36 Report and Recommendation in its entirety; granting Defendant's 28 Motion for Summary Judgment; and denying Plaintiff's 20 Motion for Summary Judgment. Signed by Senior Judge Norman K. Moon on July 9, 2019. (sfc)

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

07/09/2019

ROBERT B., 1
CASE NO. 6:17-cv-00094

Plaintiff,
v.

ORDER

ANDREW M. SAUL,
Acting Commissioner of Social Security,

JUDGE NORMAN K. MOON

Defendant. 2
This matter is before the Court on the parties’ cross-motions for summary judgment
(dkts. 20, 28) and the Report & Recommendation of United States Magistrate Judge Robert S.
Ballou (dkt. 36, 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.
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 will adopt the Report. Accordingly:
1. The Report is hereby ADOPTED in its entirety, (dkt. 36);
2. Plaintiff’s motion for summary judgment is DENIED, (dkt. 20);
3. Defendant’s motion for summary judgment is GRANTED, (dkt. 28).

1

The Committee on Court Administration and Case Management of the Judicial
Conference of the United States has recommended that, due to significant privacy concerns in
social security cases, federal courts should refer to claimants only by their first names and last
initials.
2
Andrew M. Saul became Commissioner of Social Security in June 2019. Commissioner
Saul is hereby substituted for the former Acting Commissioner, Nancy A. Berryhill, as the
named defendant in this action. See 42 U.S.C. § 405(g), Fed. R. Civ. P. 25(d)
1

This case is hereby DISMISSED and stricken from the active docket of the Court. The
Clerk of Court is directed to send a copy of this Order to counsel of record.
9th
Entered this _____ day of July, 2019.

2