Sanchez v. O'Malley, No. 2:2023cv00620 - Document 10 (S.D.W. Va. 2024)

Court Description: ORDER The 5 Proposed Findings and Recommendations is accepted and incorporated; Plaintiff's 6 request for judgment on the pleadings is DENIED; Defendant's 7 request to affirm the Commissioner's decision is GRANTED; the decision of the Commissioner is AFFIRMED; directing that this action is dismissed and removed from the court's docket. Signed by Judge Joseph R. Goodwin on 6/5/2024. (cc: counsel of record; any unrepresented party) (kew)

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Sanchez v. O'Malley Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION MELISSA S., Plaintiff, v. CIVIL ACTION NO. 2:23-cv-00620 MARTIN J. O’MALLEY, Commissioner of Social Security, Defendant. ORDER This action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. On May 14, 2024, Judge Eifert submitted her Proposed Findings & Recommendations (“PF&R”), [ECF No. 9], and recommended that the court (1) DENY Plaintiff’s request for judgment on the pleadings, [ECF No. 6]; (2) GRANT Defendant’s request to affirm the Commissioner’s decision, [ECF No. 7]; (3) AFFIRM the decision of the Commissioner; and (4) DISMISS this action and REMOVE it from the docket of the court. Neither party timely filed objections to the PF&R or sought an extension of time to do so. 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.” 1 Dockets.Justia.com 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). Because the parties have not filed objections in this case, the court accepts and incorporates herein the PF&R and orders judgment consistent therewith. The court hereby (1) DENIES Plaintiff’s request for judgment on the pleadings, [ECF No. 6]; (2) GRANTS Defendant’s request to affirm the Commissioner’s decision, [ECF No. 7]; (3) AFFIRMS the decision of the Commissioner; and (4) ORDERS that this action be dismissed and removed from the court’s docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: 2 June 5, 2024

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