Blevins v. Colvin, No. 5:2015cv14240 - Document 14 (S.D.W. Va. 2016)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 13 Proposed Findings and Recommendation, and ORDERS that the Plaintiff's 10 Motion for judgme nt on the pleadings be DENIED, the Defendant's 11 request to affirm the decision of the Commissioner be GRANTED and this action be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 11/28/2016. (cc: USMJ Eifert; attys; any unrepresented party) (msa)
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Blevins v. Colvin Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION MARCELLA J. BLEVINS, Plaintiff, v. CIVIL ACTION NO. 5:15-cv-14240 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 4) entered on October 23, 2015, 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. ยง 636(b)(1)(B). On September 16, 2016, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 13) wherein it is recommended that this Court deny the Plaintiff=s motion for judgment on the pleadings (Document 10), grant the Defendant=s request to affirm the decision of the Commissioner (Document 11), and dismiss this action from the Court=s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by October 3, 2016. 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 Dockets.Justia.com 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, 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 motion for judgment on the pleadings (Document 10) be DENIED, the Defendant=s request to affirm the decision of the Commissioner (Document 11) be GRANTED, and 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 Eifert, counsel of record, and any unrepresented party. ENTER: 2 November 28, 2016
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