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KNOTTS v. COMMISSIONER OF SOCIAL SECURITY, 1:14CV23. (2015)

Court: District Court, N.D. West Virginia Number: infdco20150206f50 Visitors: 3
Filed: Feb. 05, 2015
Latest Update: Feb. 05, 2015
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION IRENE M. KEELEY, District Judge. Pursuant to 28 U.S.C. 636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on February 5, 2014, the Court referred this Social Security action to United States Magistrate Judge James E. Seibert with directions to submit proposed findings of fact and a recommendation for disposition. On December 2, 2014, Magistrate Judge Seibert filed his Report and Recomme
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ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION

IRENE M. KEELEY, District Judge.

Pursuant to 28 U.S.C. §636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on February 5, 2014, the Court referred this Social Security action to United States Magistrate Judge James E. Seibert with directions to submit proposed findings of fact and a recommendation for disposition.

On December 2, 2014, Magistrate Judge Seibert filed his Report and Recommendation ("R&R"), and directed the parties, in accord with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ. P., to file with the Clerk of Court any written objections within fourteen (14) days after being served with a copy of the R&R. He further directed the parties that failure to file objections would result in a waiver of the right to appeal from the judgment of this Court. The parties did not file any objections.

Upon consideration of Magistrate Judge Seibert's recommendation and having received no written objections,1 the Court accepts and approves the R&R, and ORDERS that the R&R is accepted in whole and that this civil action be disposed of in accordance with the recommendation of the Magistrate Judge. Accordingly, the Court

1. GRANTS the Commissioner's motion for Summary Judgment (dkt. no. 17); 2. DENIES the plaintiff's motion for Summary Judgment (dkt. no. 14); and 3. DISMISSES this civil action WITH PREJUDICE and RETIRES it from the docket of this Court.

Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of this Order to counsel of record.

FootNotes


1. The failure of the parties to object to the Report and Recommendation not only waives their appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Wells v. Shriners Hospital, 109 F.3d 198, 199-200 (4th Cir. 1997); Thomas v. Arn, 474 U.S. 140, 148-153 (1985).
Source:  Leagle

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