Reed v. Kijakazi, No. 1:2022cv00395 - Document 19 (S.D.W. Va. 2023)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 18 Proposed Findings and Recommendation by Magistrate Judge; denying Plaintiff's 13 , 17 request to reverse the Commissioner's decision; granting the Defendant's 16 request to affirm the Commissioner's decision; affirming the final decision of the Commissioner and dismissing this matter from the court's docket. Signed by Senior Judge David A. Faber on 9/19/2023. (cc: counsel of record and unrepresented parties) (arb)
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Reed v. Kijakazi Doc. 19 Case 1:22-cv-00395 Document 19 Filed 09/19/23 Page 1 of 2 PageID #: 1560 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD TAMMY R., Plaintiff, v. CIVIL ACTION NO. 1:22-00395 KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Proposed Findings and Recommendation (“PF&R”) on August 31, 2023, in which he recommended that the court deny plaintiff’s request to reverse the Commissioner’s decision; grant defendant’s request to affirm the Commissioner’s decision; affirm the final decision of the Commissioner; and dismiss this case 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 Tinsley's Proposed Findings and Recommendation. The failure of any party to file such objections within the time allowed constitutes a waiver of such Dockets.Justia.com Case 1:22-cv-00395 Document 19 Filed 09/19/23 Page 2 of 2 PageID #: 1561 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 Tinsley as follows: 1. Plaintiff’s request to reverse the Commissioner’s decision is DENIED; 2. Defendant’s request to affirm the Commissioner’s decision is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; and 4. This matter 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 and unrepresented parties. IT IS SO ORDERED this 19th of September, 2023. ENTER: David A. Faber Senior United States District Judge 2
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