Wiseman v. Kijakazi, No. 2:2023cv00315 - Document 11 (S.D.W. Va. 2023)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 10 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; directing that the Plaintiff's 8 Brief/motion for judgment on the pleadings be DENIED and that the Defendant 's 9 Brief/motion for judgment on the pleadings be GRANTED; further directing that the final decision of the Commissioner be AFFIRMED and that this action be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 9/6/2023. (cc: Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (jsa)
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Wiseman v. Kijakazi Doc. 11 Case 2:23-cv-00315 Document 11 Filed 09/06/23 Page 1 of 2 PageID #: 602 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JONATHAN W., Plaintiff, v. CIVIL ACTION NO. 2:23-cv-00315 KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 4) entered on April 10, 2023, this action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 17, 2023, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 10) wherein it is recommended that this Court deny the Plaintiff’s brief/motion for judgment on the pleadings, grant the Defendant’s brief/motion for judgment on the pleadings, affirm the final decision of the Commissioner, and dismiss this action from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by August 31, 2023. Neither party has timely filed objections to the Magistrate Judge’s Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the 1 Dockets.Justia.com Case 2:23-cv-00315 Document 11 Filed 09/06/23 Page 2 of 2 PageID #: 603 factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 14950 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that district courts may adopt proposed findings and recommendations without explanation in the absence of objections). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff’s brief/motion for judgment on the pleadings (Document 8) be DENIED and that the Defendant’s brief/motion for judgment on the pleadings (Document 9) be GRANTED. The Court further ORDERS that the final decision of the Commissioner be AFFIRMED and that this action be DISMISSED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party. ENTER: 2 September 6, 2023
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