Proffitt v. Colvin

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 17 Motion for Summary Judgment; granting 22 Motion for Summary Judgment; adopting 28 Report and Recommendations. Signed by District Judge Michael F. Urbanski on 2/9/17. (sas)

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IN THE UNITED STATES DISTRICT COURT ClERK's AT ROANOKEDIST. COURT OFFICE u.s. · ·· · VA FOR THE WESTERN DISTRICT OF VIRGINIA FILED ' ROANOKE DIVISION FEB 09 2017 JAMES LOUIS PROFFITT, Plaintiff, v. NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, Defendant. ) ) ) Case No. 7:15cv00493 ) ) ) ) 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 recorru:nendation on January 24, 2017, recommending that the plaintiffs motion for summary judgment be denied and the Commissioner's decision be affirmed. No objections to the report and.., ... ) recommendation have been filed, and the court is of the opinion that the report anq ·· ·. recommendations should be adopted in its entirety. It is accordingly ORDERED a~d . ADJUDGED that the plaintiffs motion for summary judgment (EC~ No:·17) is . . .-~ •'i. ·. \ ··--:.. -' DENIED, the Commissioner's motion for summary judgment (ECF No. 22) is GRANTED, the report and recommendation (ECF No. 28) is ADOPTED i~ its.:_entirety, ' ''\ the Commissioner's decision is AFFIRMED, and this matter is DISMISSED and STRICKEN from the active docket of the court. 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security and will be substituted for Carolyn W. Colvin as defendant in this case pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. ' The Clerk is directed to send a copy of this order to all counsel of record. Entered: 2 Q"' -_ ~ c:r--o ~)- )-o • /

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