Gullace v. Astrue - Document 18

IN THE UNITED STATES DISTRICT COURT L FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division MAR-22012 0 ROBERT GULLACE CLERK, U.S. DISTRICT COURT ALEXANDRIA, VIRGINIA Plaintiff, Case No. I:llcv755 v. MUCHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER This matter is before the Court on the Magistrate Judge's Report and Recommendation regarding the pending cross-motions for summary judgment by plaintiff Robert Gullace ("Gullace") and Michael J. Astrue, Commissioner of the Social Security Administration ("SSA"). See Gullace v. Astrue, No. 1:1 lcv755 (E.D. Va. Feb. 13, 2012) (Doc. 17) ("R&R"). In his Report and Recommendation, which was issued on February 13, 2012, the Magistrate Judge concluded that Gullace is not disabled within the meaning of the Social Security Act, 42 U.S.C. §§ 401 el seq. and the regulations interpreting the Act. R&R at 1. The Magistrate Judge thus recommends that Gullace's summary-judgment motion be denied and that SSA's summaryjudgment motion be granted. In his Report and Recommendation, the Magistrate Judge advised the parties that any objections must be filed "within 14 days after being served with a copy of this Report and Recommendation!.]" R&R at 45. Accord Rule 72(b)(2), Fed. R. Civ. P. (providing that "[wjithin 14 days after being served with a copy of the recommended disposition, a party may serve and File specific written objections to the proposed findings and recommendations"). Because the Report and Recommendation was served on Gullace electronically, the time period during which Gullace was permitted to file written objections was extended from fourteen days after the Report and Recommendation issued to seventeen days after its issuance. See Rule 6(d), Fed. R. Civ. P. Thus, Gullace had until Thursday, March 1, 2012 to file objections to the Report and Recommendation. Gullace filed no objections on or before that date. Based on an independent de novo review of the record, the Magistrate Judge's findings of fact and conclusions of law as set forth in his Report and Recommendation are adopted in full. For these reasons, and for good cause, It is hereby ORDERED that the findings and conclusions of the Magistrate Judge's Report and Recommendation (Doc. 17) are ADOPTED. It is further ORDERED that SSA's motion for summary judgment (Doc. 12) is GRANTED. It is further ORDERED that Gullace's motion for summary judgment (Doc. 14) is DENIED. It is further ORDERED that the Clerk is DIRECTED to enter judgment in favor of defendants pursuant to Rule 58, Fed. R. Civ. P. The Clerk is directed to send a copy of this Order to all counsel of record. Alexandria, Virginia March 2, 2012 T.S. Ellis, HI United States District Judge