Thompson v. O'Malley, No. 1:2023cv00514 - Document 12 (S.D.W. Va. 2024)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 11 Proposed Findings and Recommendations by Magistrate Judge Eifert as follows: Plaintiff's 6 motion for judgment on the pleadings is DENIED; Defendant's 9 request to affirm the Commissioner's decision is GRANTED; The final decision of the Commissioner is AFFIRMED; and This matter is DISMISSED from the court's docket. Signed by Senior Judge David A. Faber on 6/3/2024. (cc: counsel of record; unrepresented parties) (mk)

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Thompson v. O'Malley Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD GREGORY T., Plaintiff, v. CIVIL ACTION NO. 1:23-00514 MARTIN J. O’MALLEY, Commissioner of the Social Security Administration, 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 April 10, 2024, in which she recommended that the court deny plaintiff’s motion for judgment on the pleadings; grant defendant’s request to affirm the Commissioner’s decision; 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 Eifert's Proposed Findings and Recommendation. The failure of any party Dockets.Justia.com 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 motion for judgment on the pleadings 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. 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 3rd of June, 2024. ENTER: David A. Faber Senior United States District Judge 2

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