Warden v. Colvin, No. 1:2012cv03071 - Document 12 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 11 Proposed Findings and Recommendation by Magistrate Judge VanDervort; DENIES Plaintiff's 7 MOTION for Judgment on the Pleadings; GRANTS Defendant's 10 MOTION for Judgment on the Pleadings; AFFIRMS the final decision of the Commissioner and DISMISSES this case from the Court's docket. Signed by Senior Judge David A. Faber on 1/16/2014. (cc: counsel of record) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD RONALD WARDEN, JR., Plaintiff, v. CIVIL ACTION NO. 1:12-03071 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate R. Clarke VanDervort for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on December 9, 2013, in which he recommended that the court deny plaintiff's motion for judgment on the pleadings, grant defendant s motion for judgment on the pleadings, affirm the final decision of the Commissioner, and dismiss this matter from the court s docket. In accordance with the provisions of 28 U.S.C. § 636(b), plaintiff was allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge VanDervort's Findings and Recommendation. The failure of any party to file such objections within the time allowed constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Neither party filed any objections to the Magistrate Judge's Findings and Recommendations within the required time period. Accordingly, the court adopts the Findings and Recommendations of Magistrate Judge VanDervort as follows: 1. Plaintiff s motion for judgment on the pleadings is DENIED; 2. Defendant s motion for judgment on the pleadings is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; and 4. This case is DISMISSED from the court s docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record. IT IS SO ORDERED this 16th of January, 2014. ENTER: David A. Faber Senior United States District Judge 2
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