Martin v. O'Malley, No. 3:2023cv00769 - Document 9 (S.D.W. Va. 2024)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 8 Proposed Findings and Recommendation by Magistrate Judge Aboulhosn; DENYING Plaintiff's 5 Request for remand; GRANTING Defendant's 6 Request to affirm the decisio n of the Commissioner; AFFIRMING the decision of the Commissioner; and DISMISSING this matter from the Court's docket, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 4/26/2024. (cc: counsel of record; any unrepresented parties) (skm)

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Martin v. O'Malley Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TERRI M., Plaintiff, v. CIVIL ACTION NO. 3:23-0769 MARTIN J. O’MALLEY, Commissioner of Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER 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). The Magistrate Judge has submitted Findings of Fact and recommended that the Court deny the Plaintiff’s request for remand (ECF No. 5), grant the Defendant’s request to affirm the decision of the Commissioner (ECF No. 6); affirm the decision of the Commissioner; and dismiss this matter from the Court’s docket. No objections to the Magistrate Judge’s findings and recommendation have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and Court DENIES Plaintiff’s request for remand (ECF No. 5), GRANTS Defendant’s request to affirm the decision of the Commissioner (ECF No. 6); AFFIRMS the decision of the Commissioner; and DISMISSES this matter from the Court’s docket, consistent with the findings and recommendation. Dockets.Justia.com The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: April 26, 2024 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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