Martin v. Colvin, No. 1:2013cv11779 - Document 15 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 14 Proposed Findings and Recommendation by Magistrate Judge Cheryl A. Eifert; DENIES Plaintiff's 11 Motion for Judgment on the Pleadings and GRANTS Defendant's 12 Motion for Judgment on the Pleadings. The case is DISMISSED with prejudice and the Clerk is directed to remove the case from the Court's docket. Signed by Senior Judge David A. Faber on 8/20/2014. (cc: Plaintiff, Pro Se and counsel of record) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD GEORGE MARTIN, Plaintiff, v. CIVIL ACTION NO. 1:13-11779 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Findings and Recommendation on July 10, 2014, in which she recommended that the court deny plaintiff's motion for judgment on the pleadings, grant defendant s motion for judgment on the pleadings, dismiss this matter with prejudice, and remove the 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 Eifert'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. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Snyder v. 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 Eifert 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 case is DISMISSED with prejudice; and 4. The Clerk is directed to remove the case 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 20th of August, 2014. ENTER: David A. Faber Senior United States District Judge 2
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