Whaff v. Kijakazi, No. 2:2021cv00037 - Document 18 (E.D. Va. 2022)
Court Description: ORDER. The Court does hereby ACCEPT the findings and recommendations set forth in the 17 United States Magistrate Judge's Report and Recommendation. It is ORDERED that the Plaintiff's 12 Motion for Summary Judgment is DENIED; the Commissioner's 14 Motion for Summary Judgment is GRANTED; and this case is DISMISSED. Signed by District Judge Raymond A. Jackson on 1/25/22. (jhie, )
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Whaff v. Kijakazi Doc. 18 Case 2:21-cv-00037-RAJ-RJK Document 18 Filed 01/26/22 Page 1 of 2 PageID# 104 FILED 'IN THK UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division JAN ? - I CLERK. U.S. DISTRICT COURT NORFOLK. VA SABRING W., IMiiintiff CIVIL ACTION NO. 2:2Icv37 KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER Before the Court is the Magistrate Judge's Report and Recommendation on Sabrina W.'s ("Plaintiff") complaint for judicial review of the final decision of the Acting Commissioner of Social Security ("Defendant") denying Plaintifl:""s claim for disability and disability insurance benefits under Title 11 of the Social Security Act. On June 3. 2021. this matter was referred to a United Slates Magistrate Judge pursuant to the provisions of 28 U.S.C. Section 636(b)(!)(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 June 4, 2021, Plaintiff was directed to file within 30 days a Motion for Summary Judgment with memorandum supporting his contentions and containing a state of undisputed facts. (ECF No. II). On July 6, 2021. PlainlitT filed a Motion for Summary Judgment and accompanying memorandum. (ECF Nos. 12 and 13). On August 3. 2021. the Commissioner filed a cross-Motion for Summaiy Judgment and Memorandum in Support. (ECFNos. 14and 15). On December 22, 2021, the Magistrate Judge filed his report recommending that Plaintifi's Motion Dockets.Justia.com Case 2:21-cv-00037-RAJ-RJK Document 18 Filed 01/26/22 Page 2 of 2 PageID# 105 for Summary Judgmenl be DENIED, thai Commissioner's Motion for Summary Judgment be GRANTED. By copy ofthe report,each party was advised oftheir 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 \\txthy ACCEPT the findings and recommendations set Ibrth in tlie report ofthe United States Magistrate Judge filed December 22.2021. and it is therefore ORDERED 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. Norfolk. Virginia Januaiy OS,2022 Raymond A.Jac&i United States District Judge
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