Payne v. Kijakazi, No. 1:2021cv00058 - Document 22 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 21 Proposed Findings and Recommendation by Magistrate Judge; denying Plaintiff's 13 request to reverse the Commissioner's decision; granting the Defendant's 15 request to affirm the C ommissioner's decision; affirming the final decision of the Commissioner; and directing the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 9/27/2022. (cc: counsel of record; unrepresented parties) (mk)
Download PDF
<![CDATA[
Payne v. Kijakazi Doc. 22 Case 1:21-cv-00058 Document 22 Filed 09/27/22 Page 1 of 2 PageID #: 4598 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ALEC PAYNE, Plaintiff, v. CIVIL ACTION NO. 1:21-00058 KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Proposed Findings and Recommendation (“PF&R”) on September 1, 2022, in which he recommended that the court deny the plaintiff’s request to reverse the Commissioner’s decision; grant defendant’s request to affirm the Commissioner’s decision; 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 any objections to Magistrate Judge Tinsley's Proposed Findings and Recommendation. The failure of any party to file such objections within the time allowed constitutes a Dockets.Justia.com Case 1:21-cv-00058 Document 22 Filed 09/27/22 Page 2 of 2 PageID #: 4599 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 Tinsley as follows: 1. Plaintiff’s request to reverse the Commissioner’s decision is DENIED; 2. Defendant’s request to affirm the Commissioner’s decision is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; and 4. The Clerk is directed to remove this case from the court’s active 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 27th of September, 2022. ENTER: David A. Faber Senior United States District Judge 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
