-DEM Clayton v. Astrue, No. 2:2010cv00284 - Document 23 (E.D. Va. 2011)

Court Description: FINAL ORDER adopting the findings and recommendations set forth in 20 Amended Report and Recommendation of the U.S. Magistrate Judge filed on 8/18/11; affirming the decision of the Commissioner; granting defendant's 13 Motion for Summary Judgment; denying plaintiff's 11 Motion for Summary Judgment; dismissing this case. Signed by District Judge Mark S. Davis and filed on 9/14/11. ECF to counsel 9/15/11.(mwin, )

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-DEM Clayton v. Astrue Doc. 23 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA SEP 1 4 2011 Norfolk Division r V- ROBERT CLAYTON, " - :'•% Plaintiff, v. ACTION NO. MICHAEL J. 2:10cv284 ASTRUE, Commissioner of the Social Security Administration, Defendant. FINAL Plaintiff brought this ORDER action under 42 U.S.C. § 405(g) seeking judicial review of the decision of the Commissioner of the Social Security Administration denying his disability insurance benefits and claim for a period of supplemental security income under Title XVI of the Social Security Act. This matter was referred to a United States Magistrate Judge, pursuant to the provisions of 28 U.S.C. Rule 72 (b) 72 of § 636(b){1)(B) of the Federal Rules of Civil Procedure, the Local Rules of and and as well as Rule the United States District Court Eastern District of Virginia, (C) for the for a report and recommendation. The Report and Recommendation of the Magistrate Judge was filed on June 30, 2011, affirmed. right to recommending By copy file of that the written the decision report, of the each party was objections to recommendations made by the Magistrate Judge. the Commissioner advised of findings On July 13, be the and 2011, Dockets.Justia.com the Court received Recommendation July 26, of Plaintiff's Objections the Magistrate Judge to the (Document No. Report 17), (Document 18). On August 16, matter to of and on 2011, Defendant filed a Response to Plaintiff's Objections to the Report and Recommendation of the Magistrate Judge No. and the 2011, the Court entered an Order remanding the the Magistrate Judge objections filed by for further consideration in light Plaintiff and the response filed by Defendant. The Magistrate Judge's Amended Report and Recommendation was filed on August 18, 2011, recommending Commissioner by affirmed. By copy of that the the decision report, of the each party was advised of the right to file written objections to the findings and recommendations 2011, made by the Magistrate Judge. On the Court received Plaintiff's Objections Recommendation September 9, Plaintiff's of 2011, Having reviewed the report Defendant's Court to the Judge Amended to the Report and (Document No. received Defendant's Report 1, and 21), and Response on to Recommendation 22). hereby ADOPTS August 18, the Objections (Document No. amended the Magistrate September 2011, of the record findings the and United and for summary no recommendations States and the decision of motion finding error, set Magistrate the forth Judge Court in filed the on the Commissioner is AFFIRMED, judgment is GRANTED, Plaintiff's motion for summary judgment is DENIED, and this case is DISMISSED. Plaintiff is ADVISED that he may appeal from this Final Order by forwarding a written notice of appeal to the Clerk of the United States District Court, United States Courthouse, Norfolk, Virginia 23510. the Clerk within sixty The Clerk shall of record for (60) 600 Granby Street, Said written notice must be received by days from the date of this Final Order. forward a copy of this Final Order to counsel the parties. Ttttifr /s/ Mark S. Davis United States District Judge Norfolk, Virginia September _[H_, 2011

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