McCoy v. Colvin, No. 5:2013cv28907 - Document 11 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 10 Proposed Findings and Recommendation by Magistrate Judge, and ORDERS that the Defendant's 8 Motion to Dismiss Plaintiff's Complaint be GRANTED and that this action be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 5/6/2014. (cc: Magistrate Judge Tinsley; attys; any unrepresented party) (slr)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION DEBRA GAY MCCOY, Plaintiff, v. CIVIL ACTION NO. 5:13-cv-28907 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 3) entered on December 1, 2013, this action was referred to the Honorable Dwane L. Tinsley, 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 April 15, 2014, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 10) wherein it is recommended that this Court grant the Defendant s Motion to Dismiss Plaintiff s Complaint (Document 8) and dismiss this matter from the Court s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by May 2, 2014. 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 factual or legal conclusions of the magistrate judge as to those portions of the findings or 1 recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts 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 Defendant s Motion to Dismiss Plaintiff s Complaint (Document 8) be GRANTED 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 Tinsley, counsel of record, and any unrepresented party. ENTER: 2 May 6, 2014
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