Hunt v. Kijakazi, No. 1:2021cv00265 - Document 14 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 13 Proposed Findings and Recommendations by Magistrate Judge; denying plaintiff's 11 request for judgment on the pleadings; granting defendant's 12 request for judgment on the pleadings; affir ming the final decision of the Commissioner; dismissing this matter; and directing the Clerk to remove this case from the court's docket. Signed by Senior Judge David A. Faber on 7/13/2022. (cc: counsel of record and unrepresented parties) (arb)
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Hunt v. Kijakazi Doc. 14 Case 1:21-cv-00265 Document 14 Filed 07/13/22 Page 1 of 2 PageID #: 2048 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD SHEENA FAWN HUNT, Plaintiff, v. CIVIL ACTION NO. 1:21-00265 KILOLO KIJAKAZI, 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 December 9, 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; 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 to file such objections within the time allowed constitutes a Dockets.Justia.com Case 1:21-cv-00265 Document 14 Filed 07/13/22 Page 2 of 2 PageID #: 2049 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; 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 13th of July, 2022. ENTER: David A. Faber Senior United States District Judge 2
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