Roscoe v. Commissioner of Social Security

District Court, E.D. Virginia

Roscoe v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION MATTIE R., Plaintiff, Vv. CIVIL NO. 2:20-cev-322 ANDREW SAUL, Commissioner of Social Security Administration, Defendant. FINAL ORDER Mattie R.' (“Plaintiff”) brought this action under Section 405(g) of the Social Security Act (“SSA”),

42 U.S.C. § 405

(g), seeking judicial review of the decision of the defendant, Andrew Saul Commissioner of the Social Security Administration (“Commissioner”), which denied Plaintiff's claim for a period of disability and disability insurance benefits (“DIB”). ECF No. 1. Both parties moved for summary judgment. ECF Nos. 13, 15. The matter was referred to a United States Magistrate Judge for a report and recommendation pursuant to the provisions of

28 U.S.C. § 636

(b)(1)(B) and (C) and Rule 72(b) of the Federal Rules of Civil Procedure as well as Rule 72 of the Local Rules of this Court. ECF No. 11. The Report and Recommendation of the Magistrate Judge was filed on April 14, 2021, which recommends that the Court affirm the final decision of the Commissioner, grant the Commissioner’s Motion for Summary Judgment (ECF No. 15), and deny Plaintiff's Motion for Summary Judgment (ECF No. 13). ECF No. 17 at 2, 26. By copy of such report, each party was

' In accordance with a committce recommendation of the Judicial Conference, Plaintiff's last name has been redacted for privacy reasons. COMM. ON CT. ADMIN. & CASE MGMT. JuD. CONF. U.S., PRIVACY CONCERN REGARDING SOCIAL SECURITY AND IMMIGRATION OPINIONS 3 (2018). ]

advised of the right to file written objections to the findings and recommendations made by the Magistrate Judge.

Id. at 26-27

. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life & Acc. Ins. Co.,

416 F.3d 310, 315

(4th Cir. 2005) (internal citation omitted). To date, neither party has filed objections to the Magistrate Judge’s Report and Recommendation, and the time for filing same has expired. Therefore, the Court hereby ADOPTS the findings and recommendations of the Magistrate Judge as set forth in the Report and Recommendation filed on April 14, 2021. ECF No. 17. Accordingly, the Court GRANTS Commissioner’s Motion for Summary Judgment, ECF No. 15, DENIES Plaintiff's Motion for Summary Judgment, ECF No. 13, and AFFIRMS the final decision of the Commissioner. The Clerk is DIRECTED to forward a copy of this Final Order to all Counsel of Record. IT IS SO ORDERED. ( fy Mp en thdhit be Kar 4 SUNGFER IS ACES DISIRIC TuUgBGE Norfolk, VA April 27, 2021

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