Smith v. Saul, No. 2:2019cv00747 - Document 14 (S.D.W. Va. 2020)

Court Description: ORDER adopting the 13 Proposed Findings and Recommendations; denying 11 Request for Remand; granting the 12 Request to Affirm the Decision of the Commissioner and dismisses without prejudice this matter from the docket. Signed by Judge Joseph R. Goodwin on 10/23/2020. (cc: counsel of record; any unrepresented party) (lca)

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Smith v. Saul Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION TABITHA LYNN SMITH Plaintiff, v. CIVIL ACTION NO. 2:19-cv-00747 ANDREW SAUL, Commissioner of Social Security, Defendant. ORDER This action was referred to United States Magistrate Judge Omar Aboulhosn for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. On March 3, 2020, Magistrate Judge Aboulhosn submitted his Proposed Findings & Recommendations [ECF No. 13] (“PF&R”) and recommended that the court DENY Plaintiff’s request for reversal or remand [ECF No. 11]; GRANT Defendant’s request to affirm the decision of the Commissioner [ECF No. 12]; AFFIRM the final decision of the Commissioner; and DISMISS the matter from dismiss this matter from the Court’s docket. Neither party timely filed objections to the PF&R nor sought an extension of time. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, 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). Dockets.Justia.com Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court DISMISSES without prejudice this matter from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: October 23, 2020

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