Wyatt v. Colvin, No. 5:2014cv19734 - Document 16 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 15 Proposed Findings and Recommendation by the Magistrate Judge, and ORDERS that the Plaintiff's 10 Motion for Judgment on the Pleadings be DENIED, that the Defendant's 13 Motion for Judgment on the Pleadings be GRANTED, and that this action be DISMISSED with prejudice from the Court's docket. Signed by Judge Irene C. Berger on 8/24/2015. (cc: Magistrate Judge Eifert; attys; any unrepresented party) (slr)
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Wyatt v. Colvin Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION TIFFANY NICHOLE WYATT, Plaintiff, v. CIVIL ACTION NO. 5:14-cv-19734 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 4) entered on July 10, 2014, this action was referred to the Honorable Cheryl A. Eifert, 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 July 31, 2015, 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 (Document 10), grant the Defendant=s motion for judgment on the pleadings (Document 13), and dismiss this action with prejudice from the Court=s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by August 17, 2015, and none were filed by either party. 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 recommendation to which no objections are addressed. See Thomas v. 1 Dockets.Justia.com 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, that the Defendant=s motion for judgment on the pleadings (Document 13) be GRANTED, and that this action be DISMISSED with prejudice from the Court=s docket. The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Eifert, counsel of record, and any unrepresented party. ENTER: 2 August 24, 2015
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