Radford v. Kijakazi, No. 1:2020cv00428 - Document 23 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER The court adopts the 22 Proposed Findings and Recommendations by Magistrate Judge as follows: Plaintiff's 15 request for judgment on the pleadings is DENIED; Defendant's 21 request for judgment on the pleadings is GRANTED; the final decision of the Commissioner is AFFIRMED; this matter is DISMISSED with prejudice; and the Clerk is directed to remove this case from the court's docket. Signed by Senior Judge David A. Faber on 9/16/2021. (cc: counsel of record; any unrepresented party) (mk)
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Radford v. Kijakazi Doc. 23 Case 1:20-cv-00428 Document 23 Filed 09/16/21 Page 1 of 2 PageID #: 1894 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DONALD RADFORD, Plaintiff, v. CIVIL ACTION NO. 1:20-00428 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 June 17, 2021, in which she recommended that the court deny plaintiff’s request for judgment on the pleadings; grant defendant’s request for judgment on the pleadings; affirm the final decision of the Commissioner; 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 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-00428 Document 23 Filed 09/16/21 Page 2 of 2 PageID #: 1895 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). 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 request for judgment on the pleadings is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; 4. This matter is DISMISSED with prejudice; and 5. 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 16th of September, 2021. ENTER: David A. Faber Senior United States District Judge 2
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