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BRISCOE v. COLVIN, 2:12-cv-01028. (2013)

Court: District Court, S.D. West Virginia Number: infdco20130529h83
Filed: May 28, 2013
Latest Update: May 28, 2013
Summary: MEMORANDUM OPNION AND ORDER THOMAS E. JOHNSTON, District Judge. Before the Court is Plaintiff Rhonda L. Briscoe's Complaint seeking review of the decision of the Acting Commissioner of Social Security 1 ("Commissioner") [ECF 2]. By Standing Order entered September 2, 2010 and filed in this case on April 10, 2012, this action was referred to former United States Magistrate Judge Mary E. Stanley for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge Stanley filed he
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MEMORANDUM OPNION AND ORDER

THOMAS E. JOHNSTON, District Judge.

Before the Court is Plaintiff Rhonda L. Briscoe's Complaint seeking review of the decision of the Acting Commissioner of Social Security1 ("Commissioner") [ECF 2]. By Standing Order entered September 2, 2010 and filed in this case on April 10, 2012, this action was referred to former United States Magistrate Judge Mary E. Stanley for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge Stanley filed her PF&R [ECF 9] on February 21, 2013, recommending that this Court affirm the final decision of the Commissioner and dismiss this matter from the Court's docket.

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. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner's right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a de novo review when a party "makes general and conclusory objections that do not direct the Court to a specific error in the magistrate's proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Objections to the PF&R were due on March 11, 2013. To date, no objections have been filed.

Accordingly, the Court ADOPTS the PF&R [ECF 9], AFFIRMS the final decision of the Commissioner, DISMISSES the Complaint [ECF 2], and DIRECTS the Clerk to remove this case from the Court's docket.

IT IS SO ORDERED.

The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

FootNotes


1. Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013, replacing the former Social Security Commissioner, Michael J. Astrue, the original Defendant in this case. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Ms. Colvin is automatically substituted as the Defendant.
Source:  Leagle

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