Okes v. Saul, No. 1:2019cv00796 - Document 21 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 20 Proposed Findings and Recommendation by Magistrate Judge; denying plaintiff's 16 request for reversal or remand; granting defendant's 19 request to affirm the Commissioner's decision; affirming the final decision of the Commissioner; dismissing this action and directing the Clerk to remove this case form the court's active docket. Signed by Senior Judge David A. Faber on 4/12/2021. (cc: counsel of record; any unrepresented parties) (arb)

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Okes v. Saul Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DAVID OKES, Plaintiff, v. CIVIL ACTION NO. 1:19-00796 ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Proposed Findings and Recommendation (“PF&R”) on October 20, 2020, in which he recommended that the court deny plaintiff’s request for reversal or remand, grant defendant’s request to affirm the decision below, affirm the final decision of the Commissioner, and dismiss this matter 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 objections to the PF&R. 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 Dockets.Justia.com by this court. 1989). Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. Neither party filed any objections to the PF&R within the required time period. Accordingly, the court adopts the PF&R as follows: 1. Plaintiff’s request for reversal or remand (ECF No. 16) is DENIED; 2. Defendant’s request to affirm the Commissioner’s decision (ECF No. 19) is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; and 4. This action is DISMISSED. The Clerk is directed to remove this case from the court’s active docket. The Clerk is further directed to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented parties. IT IS SO ORDERED this 12th day of April, 2021. ENTER: David A. Faber Senior United States District Judge 2

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