Skeens v. Colvin, No. 1:2013cv13600 - Document 18 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 17 Proposed Findings and Recommendation of Magistrate Judge R. Clarke VanDervort; DENIES Plaintiff's 12 Brief in Support of the Complaint; GRANTS Defendant's 15 Brief in Support of the Commissioner's Decision; AFFIRMS the final decision of the Commissioner and DISMISSES the case from the Court's docket. Signed by Senior Judge David A. Faber on 9/16/2014. (cc: counsel of record) (arb)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LINDA NICOLE SKEENS, Plaintiff, v. CIVIL ACTION NO. 1:13-13600 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 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 ( PF&R ) on August 29, 2014, 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), the parties were allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge VanDervort s Proposed 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 brief in support of the Complaint is DENIED;* 2. Defendant s brief in support of the Commissioner s decision is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; and 4. The 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 September, 2014. ENTER: David A. Faber Senior United States District Judge * The parties actually filed briefs in support of their respective positions and not motions for judgment on the pleadings. 2
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