Harless v. Kijakazi, No. 2:2022cv00078 - Document 7 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 6 Proposed Findings and Recommendations by Magistrate Judge; dismissing without prejudice Plaintiff's 1 Complaint and dismissing this action from the Court's docket. Signed by Judge Irene C. Berger on 6/27/2022. (cc: Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc)
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Harless v. Kijakazi Doc. 7 Case 2:22-cv-00078 Document 7 Filed 06/27/22 Page 1 of 2 PageID #: 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JUSTIN DANIEL HARLESS, Plaintiff, v. CIVIL ACTION NO. 2:22-cv-00078 KILOLO KIJAKAZI, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 4) entered on February 18, 2022, this action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On June 1, 2022, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 6) wherein it is recommended that this Court dismiss the Plaintiff’s Complaint (Document 1) without prejudice and remove this matter from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by June 15, 2022. Neither party has timely filed objections to the Magistrate Judge’s Proposed Findings and Recommendation. 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 1 Dockets.Justia.com Case 2:22-cv-00078 Document 7 Filed 06/27/22 Page 2 of 2 PageID #: 17 recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 14950 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts courts may adopt proposed findings and recommendations without explanation in the absence of objections). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff’s Complaint (Document 1) be DISMISSED without prejudice and that this action be DISMISSED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party. ENTER: 2 June 27, 2022
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