Willey v. Colvin, No. 5:2013cv03260 - Document 16 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 15 Proposed Findings and Recommendation, and ORDERS that the Plaintiff's 10 Motion for Judgme nt on the Pleadings be DENIED and that the Defendant's 13 Motion for Judgment on the Pleadings be GRANTED. The Court further ORDERS that the final decision of the Commissioner be AFFIRMED and that this action be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 03/11/2014. (cc: USMJ VanDervort; attys; any unrepresented party) (msa)
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION JACK ELWOOD WILLEY, JR., Plaintiff, v. CIVIL ACTION NO. 5:13-cv-03260 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 4) entered on February 22, 2013, this action was referred to the Honorable R. Clarke VanDervort, 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 February 21, 2014, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 15) wherein it is recommended that this Court deny the Plaintiff=s motion for judgment on the pleadings, grant the Defendant=s motion for judgment on the pleadings, affirm the final decision of the Commissioner, and dismiss this action from the Court=s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by March 10, 2014. 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 1 factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149-50 (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 motion for judgment on the pleadings (Document 10) be DENIED and that the Defendant=s motion for judgment on the pleadings (Document 13) be GRANTED. The Court further ORDERS that the final decision of the Commissioner be AFFIRMED 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 VanDervort, counsel of record, and any unrepresented party. ENTER: 2 March 11, 2014
]]>
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.
