Watts v. Kijakazi, No. 3:2020cv00624 - Document 18 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 17 Proposed Findings and Recommendations by Magistrate Judge Tinsley; denying Claimant's 15 request to reverse the Commissioner's decision; granting the Commissioner's 16 request to affirm her decision; affirming the final decision of the Commissioner; and dismissing this action from this Court's docket. Signed by Judge Robert C. Chambers on 8/11/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Watts v. Kijakazi Doc. 18 Case 3:20-cv-00624 Document 18 Filed 08/11/21 Page 1 of 2 PageID #: 2459 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JOYCE ANN WATTS, Plaintiff, v. CIVIL ACTION NO. 3:20-0624 KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY,1 Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Dwane L. Tinsley 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). The Magistrate Judge has submitted Findings of Fact and recommended that the Court deny Claimant’s request to reverse the Commissioner’s decision (ECF No. 15), grant the Commissioner’s request to affirm her decision (ECF No. 16), affirm the final decision of the Commissioner, and dismiss this action from this Court’s docket. No objections to the Magistrate Judge’s findings and recommendation have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and Court DENIES Claimant’s request to reverse the Commissioner’s decision (ECF No. 15), GRANTS the Commissioner’s request to affirm her decision (ECF No. 1 Kilolo Kijakazi is now the Acting Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also 42 U.S.C. § 405(g) (stating that action survives regardless of any change in the person occupying the office of the Commissioner of Social Security). Dockets.Justia.com Case 3:20-cv-00624 Document 18 Filed 08/11/21 Page 2 of 2 PageID #: 2460 16), AFFIRMS the final decision of the Commissioner, and DISMISSES this action from this Court’s docket, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: August 11, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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