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Johnson v. Berryhill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division
Jul 9, 2019
Civil No. 2:18cv277 (E.D. Va. Jul. 9, 2019)

Opinion

Civil No. 2:18cv277

07-09-2019

SARA J. JOHNSON, for KLB, Plaintiff, v. NANCY A. BERRYHILL, Commissioner of Social Security, Defendant.


FINAL ORDER

Plaintiff Sara J. Johnson, proceeding pro se, brought this action on behalf of her minor daughter, KLB, pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), seeking judicial review of a decision of Nancy A. Berryhill, the Acting Commissioner of the Social Security Administration that denied KLB's claim for Supplemental Security Income under Title XVI of 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 (ECF No. 13), this matter was referred to a United States Magistrate Judge for a Report and Recommendation.

In a Report and Recommendation ("R&R") filed June 10, 2019, the Magistrate Judge recommended DENYING Plaintiff's Motion for Summary Judgment (ECF No. 15), GRANTING Defendant's Motion for Summary Judgment (ECF No. 17), and AFFIRMING the underlying decision of the Commissioner. See R&R, ECF No. 20.

By copy of the R&R, each party was advised of the right to file written objections to the findings and recommendations made by the Magistrate Judge within fourteen days from the date the R&R was mailed, pursuant to Rule 6(a) of the Federal Rules of Civil Procedure. The time for filing written objections has passed, and neither party has filed objections. As indicated in the R&R, "failure to file timely objections to the findings and recommendations set forth [in the R&R] will result in waiver of right to appeal from a judgment of this Court based on such findings and recommendations." Id. at 50.

This Court has reviewed the R&R and hereby ADOPTS and APPROVES in full the findings and recommendations set forth therein. Accordingly, it is hereby ORDERED that Plaintiff's Motion for Summary Judgment (ECF No. 15) is DENIED as detailed in the R&R, and that the Commissioner's Motion for Summary Judgment (ECF No. 17) is GRANTED as detailed in the R&R. The Clerk is REQUESTED to send a copy of this Final Order to all counsel of record.

IT IS SO ORDERED.

/s/_________

Arenda L. Wright Allen

United States District Judge July 9th , 2019
Norfolk, Virginia


Summaries of

Johnson v. Berryhill

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division
Jul 9, 2019
Civil No. 2:18cv277 (E.D. Va. Jul. 9, 2019)
Case details for

Johnson v. Berryhill

Case Details

Full title:SARA J. JOHNSON, for KLB, Plaintiff, v. NANCY A. BERRYHILL, Commissioner…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division

Date published: Jul 9, 2019

Citations

Civil No. 2:18cv277 (E.D. Va. Jul. 9, 2019)