Pettrey v. Berryhill, No. 1:2017cv03340 - Document 15 (S.D.W. Va. 2018)
Court Description: MEMORANDUM OPINION AND ORDER: The Court adopts the 14 Findings and Recommendations of Magistrate Judge Eifert as follows: Plaintiff's request for judgment on the pleadings is DENIED; Defendant's brief in support of the Commissioner's decision is GRANTED; The final decision of the Commissioner is AFFIRMED; and the case is DISMISSED from the court's docket. Signed by Senior Judge David A. Faber on 7/11/2018. (cc: counsel of record) (mk)
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Pettrey v. Berryhill Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BRAD MATTHEW PETTREY, Plaintiff, v. CIVIL ACTION NO. 1:17-03340 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Findings and Recommendation (“PF&R”) on June 18, 2018, in which she recommended that the court deny plaintiff’s request for judgment on the pleadings, grant defendant’s brief in support of 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 Eifert'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). Dockets.Justia.com 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 Eifert as follows: 1. Plaintiff’s request for judgment on the pleadings 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 11th of July, 2018. ENTER: David A. Faber Senior United States District Judge 2
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