Fore v. Astrue

Filing 26

ORDER denying 14 Motion for Summary Judgment; granting 20 Motion for Summary Judgment; adopting 24 Report and Recommendations in its entirety; and striking from the active docket of the court. Signed by District Judge Michael F. Urbanski on 3/8/13. (mka)

CLERK'S OFFICE U,S. DIST. COURT

A.T ROANOKE. VA

FILED

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA

ROANOKE DIVISION

MELISSA FORE,
Plaintiff,

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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MAR 08 2013

Civil Action No. 7: llcv511

By:

Michael F. Urbanski
United States District Judge

ORDER
This matter was referred to the Honorable Robert S. Ballou, United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended
disposition. The magistrate judge filed a report and recommendation on February 13,2013,
recommending that plaintiffs motion for summary judgment be denied, the Commissioner's
motion for summary judgment be granted and the Commissioner's final decision be affirmed.
Plaintiff has filed objections to the report and recommendation.
The court has reviewed the magistrate judge's report, the objections to the report, and the
pertinent portions of the administrative record and, in so doing, made a de novo determination of
those portions of the report to which the plaintiff objected. The court finds that the magistrate
judge was correct in concluding that there is substantial evidence in the record to support the
ALJ's determination. Accordingly, the court accepts the magistrate judge's recommendation
that the Commissioner's decision should be affirmed.

It is therefore ORDERED and ADJUDGED that plaintiff's motion for summary
judgment (Dkt. # 14) is DENIED, the Commissioner's motion for summary judgment (Dkt.

# 20) is GRANTED, the report and recommendation (Dkt. # 24) is ADOPTED in its entirety,

the Commissioner's decision is AFFIRMED, and this matter is STRICKEN from the active
docket of the court.
The Clerk is directed to send a certified copy of this Order to all counsel of record.

R, 2013

Entered: March

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Michael F. Urbanski
United States District Judge

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