Leach v. Berryhill, No. 5:2018cv00948 - Document 12 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING the 11 Proposed Findings and Recommendations of the Magistrate Judge, DENYING the Plaintiff's 9 brief/motion for judgment on the pleadings, GRANTING the Defendant's 10 brief/motion in support of Defendant's decision, AFFIRMING the final decision of the Commissioner and DISMISSING this action from the Court's docket. Signed by Judge Irene C. Berger on 6/17/2019. (cc: attys; any unrepresented party; Magistrate Judge Tinsley) (btm)
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Leach v. Berryhill Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION STEVEN RAY LEACH, Plaintiff, v. CIVIL ACTION NO. 5:18-cv-00948 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 3) entered on May 21, 2018, 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). On May 24, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 11) wherein it is recommended that this Court deny the Plaintiff’s brief/motion for judgment on the pleadings, grant the Defendant’s brief/motion in support of Defendant’s decision, 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 June 10, 2019, but 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 1 Dockets.Justia.com 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 brief/motion for judgment on the pleadings (Document 9) be DENIED, the Defendant’s brief/motion in support of Defendant’s decision (Document 10) be GRANTED, the final decision of the Commissioner be AFFIRMED, 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 Tinsley, counsel of record, and any unrepresented party. ENTER: 2 June 17, 2019
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