Shrout v. Astrue, No. 2:2010cv01313 - Document 10 (S.D.W. Va. 2011)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 9 Proposed Findings and Recommendation by Magistrate Judge Stanley, granting defendant's 7 Motion to Dismiss, and dismissing this case from the docket. Signed by Judge Thomas E. Johnston on 12/20/2011. (cc: attys; any unrepresented party) (cbo)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION DONNA FAYE SHROUT, Plaintiff, v. CIVIL ACTION NO. 2:10-cv-01313 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER Before the Court are Plaintiff s Complaint [Docket 3] and Defendant s Motion to Dismiss [Docket 7]. By Standing Order entered September 2, 2010, and filed in this case on November 18, 2010, this action was referred to United States Magistrate Judge Mary E. Stanley for submission of proposed findings and a recommendation (PF&R). Magistrate Judge Stanley filed her PF&R [Docket 9] on July 6, 2011, recommending that this Court grant Defendant s motion to dismiss. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner s right to appeal this Court s Order. 28 U.S.C. ยง 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a de novo review when a party makes general and conclusory objections that do not direct the Court to a specific error in the magistrate s proposed findings and recommendations. Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Objections to the PF&R in this case were due on July 6, 2011. To date, no objections have been filed. Accordingly, the Court ADOPTS the PF&R [Docket 9], GRANTS the motion to dismiss [Docket 7], and DISMISSES this case from the docket. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: 2 December 20, 2011
]]>
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.
