Wilson v. Commissioner of Social Security - Document 14

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA KAREN J. WILSON, Plaintiff, v. CIVIL ACTION NO. 1:08CV62 (Judge Keeley) MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION/OPINION Pursuant to 28 U.S.C. �636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on January 30, 2008, the Court referred this Social Security action to United States Magistrate John S. Kaull with directions to submit proposed findings of fact and a recommendation for disposition. 2009, Magistrate Judge Kaull In filed his On June 8, and U.S.C. Report 28 Recommendation/Opinion ("R&R"). accordance with �636(b)(1) and Rule 6(e), Fed. R. Civ. P., he directed the parties to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the R&R, and further advised them that failure to file objections would result in a  WILSON V. COMMISSIONER OF SOCIAL SECURITY ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION/OPINION 1:08CV62 waiver of their right to appeal from the judgment of this Court. The parties have not filed objections. Upon consideration of the Magistrate Judge's recommendation, and having received no written objections,1 the Court accepts and approves the Report and Recommendation, and, therefore, ORDERS that Magistrate Judge Kaull's Report and Recommendation/Opinion be, and it is, accepted in whole and that this civil action be disposed of in accordance with the recommendation of the Magistrate Judge. 1. Accordingly, the Court GRANTS the Commissioner's motion for Summary Judgment (dkt. no. 11); 2. DENIES the plaintiff's motion for Summary Judgment (dkt. no. 10); and 3. DISMISSES WITH PREJUDICE this civil action from the docket of this Court. Wilson's failure to object to the Report and Recommendation not only waives her appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Wells v. Shriners Hospital, 109 F.3d 198, 199-200 (4th Cir. 1997); Thomas v. Arn,474 U.S. 140,148-153 (1985). 2 1  WILSON V. COMMISSIONER OF SOCIAL SECURITY ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION/OPINION 1:08CV62 Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of this Order to counsel of record. DATED: June 29, 2009. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE 3