Knight v. Kijakazi, No. 1:2020cv00408 - Document 16 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 15 Proposed Findings and Recommendations by Magistrate Judge; granting defendant's 11 Motion to Dismiss 1 Complaint; dismissing with prejudice plaintiff's 1 Complaint; directing the Clerk to remove this case from the court's docket. Signed by Senior Judge David A. Faber on 8/9/2021. (cc: counsel of record; any unrepresented parties) (arb)
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Knight v. Kijakazi Doc. 16 Case 1:20-cv-00408 Document 16 Filed 08/09/21 Page 1 of 2 PageID #: 78 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DELORES L. KNIGHT, Plaintiff, v. CIVIL ACTION NO. 1:20-00408 KILOLO KIJAKAZI,1 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 Proposed Findings and Recommendation (“PF&R”) on July 9, 2021, in which she recommended that the court grant defendant’s motion to dismiss plaintiff’s complaint; dismiss this case with prejudice; and remove 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 any objections to Magistrate Judge Eifert's Proposed Findings and Recommendation. The failure of any party 1 Kilolo Kijakazi became the Acting Commissioner of the Social Security Administration on July 9, 2021. Pursuant to Fed. R. Civ. P. 25(d), Kijakazi was substituted for Andrew Saul as the defendant in this action. Dockets.Justia.com Case 1:20-cv-00408 Document 16 Filed 08/09/21 Page 2 of 2 PageID #: 79 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). 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. Defendant’s Motion to Dismiss Complaint is GRANTED; 2. Plaintiff’s complaint is DISMISSED with prejudice; and 3. The Clerk is directed to remove this case from the court’s docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties. IT IS SO ORDERED this 9th of August, 2021. ENTER: David A. Faber Senior United States District Judge 2
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