Elawyers Elawyers
Washington| Change

BERTRAN v. COMMISSIONER OF SOCIAL SECURITY, 1:11CV110. (2012)

Court: District Court, N.D. West Virginia Number: infdco20120413a32 Visitors: 16
Filed: Apr. 12, 2012
Latest Update: Apr. 12, 2012
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION/OPINION IRENE M. KEELEY, District Judge. Pursuant to 28 U.S.C. 636(b)(1)(B), Fed.R.Civ. P. 72(b) and Local Court Rule 4.01(d), on July 20, 2012, the Court referred this Social Security action to United States Magistrate Judge John S. Kaull with directions to submit proposed findings of fact and a recommendation for disposition. On March 19, 2012, Magistrate Judge Kaull filed his Report and Recommendation/Opinion ("R&R"), and direct
More

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION/OPINION

IRENE M. KEELEY, District Judge.

Pursuant to 28 U.S.C. §636(b)(1)(B), Fed.R.Civ. P. 72(b) and Local Court Rule 4.01(d), on July 20, 2012, the Court referred this Social Security action to United States Magistrate Judge John S. Kaull with directions to submit proposed findings of fact and a recommendation for disposition.

On March 19, 2012, Magistrate Judge Kaull filed his Report and Recommendation/Opinion ("R&R"), and directed the parties, in accordance with 28 U.S.C. §636(b)(1) and Fed.R.Civ. P. 6(e), to file any written objections with the Clerk of Court within fourteen (14) days after being served with a copy of the R&R. He further advised 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 Kaull's recommendation and having received no written objections,1 the Court accepts the R&R in its entirety. Accordingly, it

1. GRANTS the Commissioner's motion for Summary Judgment (dkt. no. 18); 2. DENIES the plaintiff's motion for Summary Judgment (dkt. no. 16); and 3. DISMISSES this civil action WITH PREJUDICE; and 4. ORDERS it stricken 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. Bertran's failure to object to the Report and Recommendation not only waives her 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

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer