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Shesler v. Colvin

United States District Court, Fourth Circuit

January 27, 2014

KAREN SUE SHESLER, Plaintiff,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

ORDER

RAYMOND A. JACKSON, District Judge.

Before the Court is the Magistrate Judge's Report and Recommendation on Karen Sue Shesler's (Plaintiff) action forjudicial reviewof the final decisionof the Acting Commissioner of Social Security ("Defendant") denying Plaintiffs claim for disability insurance benefits ('DIB") and supplemental security income ("SIS"). On April 11, 2013, this matter was referred to a United States Magistrate Judge pursuant to theprovisions of 28 U.S.C. Section 636(b)(1)(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 December 14, 2012, Defendant filed a Motion to Dismiss Plaintiffs Complaint. Ms. Shesler has not responded orobjected tothis Motion. OnApril 15, 2013, the Magistrate Judge filed hisreport recommending that the Commissioner's decision be GRANTED. By copy of the report, each party was advised of their right to file written objections to the findings and recommendations madebythe Magistrate Judge. The Courthas received no objections to thereportandthe time for filing the same has expired.

The Court does hereby accept the findings and recommendations set forth in the report of the United States Magistrate Judge filed April 15, 2013, and it is, therefore ORDERED that Defendant's Motion to Dismiss Plaintiff's Complaint is GRANTED. Accordingly, the decision of the Commissioner is AFFIRMED and Plaintiffs case is DISMISSED with prejudice.

The Clerk shall mail a copy of this final Order to counsel for both parties.

IT IS SO ORDERED.


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