Hartman v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 14 Motion for Summary Judgment. Signed by Chief Judge Michael F. Urbanski on 3/26/19. (sas)

CLERK'S OFFICE U.S. DIST. COURT
AT ROANOKE, VA
FILED

MAR 2 6 2019
IN THE UNITED STATES DISTRICT COURT JULIA c. DUDLEY. CLERK
FOR THE WESTERN DISTRICT OF VIRGIN~Y: ~~/"vm/ JROANOKE DIVISION
~PlTf?~~RK
CATHERINE H.,

Plaintiff,

v.
NANCY A. BERRYHILL,
Acting Comm'r of Social Security,
Defendant.

)
)
)
) Case No. 7:17-CV-00484
)
)
)
) By: Michael F. Urbanski
)
ChiefUnited 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 26,2019, recommending that the plaintiff's motion for summary judgment be
denied and the Commissioner's decision be afflrmed.
Plaintiff had fourteen days in which to file objections to the report and

.

.

recommendation. On March 6, 2.019, plaintiff sought a forty-five day extension to gather
evidence. ECF Nos. 17 and 18. Plaintiff was given an extension to March 23,2019 to file
objections- and was ordered to submit no additional evidence because objections are limited.
to specific findings made in the report and recommendation. ECF No. 19. 1

In the previous order, the court mistakenly stated that plaintiff had not contacted the court since she
filed her initial complaint. However, plaintiff filed a brief in support of her complaint on March 12, 2018.
ECF No. 13. The fact that she filed the brief does not affect the disposition of her case.
1

On March 11, 2019, one of plaintiffs caregivers submitted a letter on her behalf
expressing support for plaintiffs claim for disability benefits. ECF No. 20. The court has
reviewed the letter but as it fails to make specific objections, a de novo determination of the
record or the magistrate judge's determination is not required. See 28 U.S.C. § 636(b)(1)(C)
and United States v. Midgette, 478 F.3d 616, 621-622 (4th Cir. 2007) (holding that party
must object to finding or recommendation with sufficient specificity so as to alert the district
court to the true ground of the objection).
As no objections to the report and recommendation have been flled, the court finds
that the report and recommendations should be adopted in its entirety. It is accordingly

ORDERED and ADJUDGED that the Commissioner's motion for summary judgment
(ECF No. 14) is GRANTED, the report and recommendation (ECF No. 16) is

ADOPTED in its entirety, the Commissioner's decision is AFFIRMED, and this matter
is DISMISSED and STRICKEN from the active docket of the court.
The Clerk is directed to send a copy of this order to all counsel of record.
Entered:

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