Snellings v. O'Malley, No. 2:2022cv00490 - Document 14 (E.D. Va. 2024)

Court Description: ORDER- It is so Ordered, the Court accepts the findings and recommendations set forth in the report of the United States Magistrate Judge filed February 1, 2024, and it is therefore ORDERED that the Plaintiff's Motion for Summary Judgment is DENIED and the Commissioner's Motion to Dismiss is GRANTED and this case is DISMISSED. Signed by District Judge Raymond A. Jackson on 2/28/2024. (Vpea)

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Snellings v. O'Malley Doc. 14 FILED IN THE UNITED STATES DISTRICT COURT ! FOR THE EASTERN DISTRICT OF VIRGINIA } FEB 2 8 P024 Norfolk Division I I C-D., , , JEREMIAH S. Plaintiff CIVIL ACTION NO. 2:22cv490 V. MARTIN O’MALLEY COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, / Defendant. ORDER Before the Court is the Magistrate Judge's Report and Recommendation on Jeremiah S. s (^^Plaintifr) complaint for judicial review of the hnal decision of the Commissioner of Social Security (“Defendanf’) denying Plaintiffs claim for disability insurance benefits under Title II ol the Social Security Act. On February 6, 2023, this matter was referred to a United Slates Magistrate Judge pursuant to the provisions of 28 U.S.C. Section 636(b)(1)(B) and (C). Rule 72(b) of the Federal Rules of Civil Procedure and Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia for a report and recommendation. On February 6, 2023, Plaintiff was directed to file within 30 days a Motion for Summary Judgment with memorandum supporting his contentions and containing a state of undisputed lacts. (ECF No. 8). On March 3, 2023, Plaintiff filed a Motion for Summary' Judgment and accompanying memorandum. (ECF Nos. 9 and 10). On March 31, 2023. the Commissioner filed a cross-Motion for Summary Judgment and accompanying memorandum. (ECf No. 11 and 12). On February 1. 2024, the Magistrate Judge filed his report recommending that Plaintiffs Motion tor Summary Judgment be Dockets.Justia.com DENIED, that Commissioner’s Motion for Summary Judgment be GRANTED. By copy of the report, each party was advised of their right to file written objections to the findings and recommendations made by the Magistrate Judge. The Court has received no objections to the report and the time for filing the same has expired. The Court does hereby ACCEPTX\\q findings and recommendations set forth in the report of the United States Magistrate Judge filed February 1, 2024, and it is therefore ORDERED that the Plaintiffs Motion for Summary Judgment is DENIED and the Commissioner’s Motion to Dismiss is GRANTED and this case is DISMISSED. The Clerk shall mail a copy of this final Order to counsel for the parties. IT IS SO ORDERED. 71 Norfolk, Virginia February 2024 Raymond A. Jackson United States District Judge

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