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CAMPBELL v. COMMISSIONER OF SOCIAL SECURITY, 2:14-CV-22. (2015)

Court: District Court, N.D. West Virginia Number: infdco20150106f21 Visitors: 2
Filed: Jan. 05, 2015
Latest Update: Jan. 05, 2015
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, District Judge. On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert [Doc. 18], dated December 12, 2014. Pursuant to 28 U.S.C. 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections to the magistrate
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ORDER ADOPTING REPORT AND RECOMMENDATION

JOHN PRESTON BAILEY, District Judge.

On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert [Doc. 18], dated December 12, 2014. Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections to the magistrate judge's proposed findings and recommendation permits the District Court to review the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano, 468 F.Supp. 825 (E.D. Cal. 1979). The docket reflects that service was accepted on December 12, 2014. To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error.

The R&R concludes that the ALJ's decision was based on substantial evidence. This Court agrees. Accordingly, upon review of the R&R and the record, it is the opinion of this Court that the Magistrate Judge's Report and Recommendation [Doc. 18] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Defendant's Motion for Summary Judgment [Doc. 16] is GRANTED and the Plaintiff's Motion for Summary Judgment [Doc. 14] is DENIED. This matter is hereby DISMISSED and ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment in favor of the defendant.

It is so ORDERED.

Source:  Leagle

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