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Moss v. Saul, 5:17-cv-03672. (2019)

Court: District Court, S.D. West Virginia Number: infdco20190726f80 Visitors: 7
Filed: Jul. 25, 2019
Latest Update: Jul. 25, 2019
Summary: MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . By Standing Order (Document 4) entered on July 20, 2017, 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 July 1, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 21) wherein it is recommended that this Court aff
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MEMORANDUM OPINION AND ORDER

By Standing Order (Document 4) entered on July 20, 2017, 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 July 1, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 21) wherein it is recommended that this Court affirm the final decision of the Commissioner, deny the Plaintiff's Brief in Support of Complaint and Motion for Remand (Document 19), and dismiss this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by July 18, 2019.

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 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, 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 final decision of the Commissioner be AFFIRMED, the Plaintiff's Brief in Support of Complaint and Motion for Remand (Document 19) be DENIED, and this matter 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.

FootNotes


1. At the time of the filing of this claim, and the filing of the Proposed Findings and Recommendation, the Defendant was listed as Nancy A. Berryhill, Acting Commissioner of Social Security.
Source:  Leagle

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