Hollyfield v. Berryhill, 2:17-03859. (2018)
Court: District Court, S.D. West Virginia
Number: infdco20180919g55
Visitors: 15
Filed: Sep. 18, 2018
Latest Update: Sep. 18, 2018
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Findings and Recommendation ("PF&R") on August 24, 2018, in which she recommended that the court deny plaintiff's request for judgment on the pleadings, grant defendant's r
Summary: MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Findings and Recommendation ("PF&R") on August 24, 2018, in which she recommended that the court deny plaintiff's request for judgment on the pleadings, grant defendant's re..
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MEMORANDUM OPINION AND ORDER
DAVID A. FABER, Senior District Judge.
By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Findings and Recommendation ("PF&R") on August 24, 2018, in which she recommended that the court deny plaintiff's request for judgment on the pleadings, grant defendant's request to affirm the decision of the Commissioner, and dismiss this case from the court's docket.
In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge Eifert's Proposed Findings and Recommendation. The failure of any party to file such objections within the time allowed constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Neither party filed any objections to the Magistrate Judge's Findings and Recommendations within the required time period. Accordingly, the court adopts the Findings and Recommendations of Magistrate Judge Eifert as follows:
1. Plaintiff's request for judgment on the pleadings is DENIED;
2. Defendant's request to affirm the decision of the Commissioner is GRANTED;
3. The final decision of the Commissioner is AFFIRMED; and
4. The case is DISMISSED from the court's docket.
The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED
Source: Leagle
