Ward v. Kijakazi, No. 1:2021cv00194 - 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 15 request for reversal or remand; affirming the defendant's 19 , 20 request to affirm the decision below; affirming the final decision of the Commissioner; and dismissing this matter from the court's docket. Signed by Senior Judge David A. Faber on 7/11/2022. (cc: counsel of record and any unrepresented parties) (arb)
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Ward v. Kijakazi Doc. 22 Case 1:21-cv-00194 Document 22 Filed 07/11/22 Page 1 of 2 PageID #: 863 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DONNA WARD, Plaintiff, v. CIVIL ACTION NO. 1:21-00194 KILOLO KIJAKAZI, Acting 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 November 1, 2021, 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 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 Aboulhosn'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-00194 Document 22 Filed 07/11/22 Page 2 of 2 PageID #: 864 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 Aboulhosn as follows: 1. Plaintiff’s request for reversal or remand is DENIED; 2. Defendant’s request to affirm the decision below is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; and 4. This matter 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 and unrepresented parties. IT IS SO ORDERED this 11th of July, 2022. ENTER: David A. Faber Senior United States District Judge 2
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