Opinion
Civil 2:22cv407
03-28-2024
LULA H.,[1] Plaintiff, v. MARTIN O'MALLEY,[2] Commissioner of Social Security, Defendant.
FINAL ORDER
ARENDA L. WRIGHT ALLEN UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff Lula H.'s action under 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying her claim for disability insurance benefits under the Social Security Act. Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of Civil Procedure, Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia, and by order of reference dated December 16, 2022 (ECF No. 12), this matter was referred to United States Magistrate Judge Douglas E. Miller for a Report and Recommendation.
On February 13, 2023, Plaintiff filed a motion for summary judgment. ECF No. 16. On March 15, 2023, the Commissioner filed a cross motion for summary judgment. ECF No. 19. On September 14, 2023, Judge Miller filed a report and recommended that Plaintiff's motion for summary judgment be denied and that the Commissioner's final decision be affirmed. ECF No. 21.
By copy of the Report and Recommendation, each party was advised of the right to file written objections to the findings and recommendations made by the Magistrate Judge. Id. at 22. The Court received Plaintiff's Objections to the Magistrate Judge's Report and Recommendation (ECF No. 22) and the Commissioner's Response thereto (ECF No. 23).
The Court, having reviewed the record and examined the objection filed by Plaintiff to the Report and Recommendation, and having made de novo findings with respect to the portions objected to, does hereby ADOPT and APPROVE the findings and recommendations set forth in the Report and Recommendation filed September 14, 2023. It is, therefore, ORDERED that Plaintiff's Motion for Summary Judgment (ECF No. 16) is DENIED, the Commissioner's Motion for Summary Judgment (ECF No. 19) is GRANTED, the decision of the Commissioner is AFFIRMED, and this matter is DISMISSED WITH PREJUDICE.
The parties are ADVISED that an appeal from this Final Order may be commenced by forwarding a written notice of appeal to the Clerk of the United States District Court, United States Courthouse, 600 Granby Street, Norfolk, Virginia 23510. This written notice must be received by the Clerk within sixty days from the date of this Final Order.
The Clerk is DIRECTED to please provide a copy of this Order to all parties.
IT IS SO ORDERED.