Wilson v. Commissioner of Social Security

Filing 13

ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION as to 12 Report and Recommendations,. GRANTED as to 10 Motion for Summary Judgment filed by Commissioner of Social Security. DENIED as to 8 Motion for Summary Judgment filed by Ann Renee Wilson. This civil action is DISMISSED WITH PREJUDICE and RETIRED from the docket of this Court. Signed by District Judge Irene M. Keeley on 3/11/2011. (Copy counsel of record via CM/ECF)(jmm)

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Wilson v. Commissioner of Social Security Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ANN RENEE WILSON, Plaintiff, v. CIVIL ACTION NO. 1:10CV65 (Judge Keeley) MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION Pursuant to 28 U.S.C. §636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on April 22, 2010, the Court referred this Social Security action to United States Magistrate Judge David J. Joel with directions to submit proposed findings of fact and a recommendation for disposition. On February 16, 2011, Magistrate Judge Joel filed his Report and Recommendation ("R&R"), and directed the parties, in accordance with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ. P., to file with the Clerk of Court any written objections within fourteen (14) days after being served with a copy of the R&R. He further directed the parties that failure to file objections would result in a waiver of the right to appeal from the judgment of this Court. parties did not file any objections. The Dockets.Justia.com WILSON V. COMMISSIONER OF SOCIAL SECURITY ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 1:10CV65 Upon consideration of Magistrate Judge's recommendation and having received no written objections,1 the Court accepts and approves the R&R and ORDERS that Magistrate Judge Joel's R&R is accepted in whole and that this civil action be disposed of in accordance with the recommendation of the Magistrate. Accordingly, 1. the Commissioner's motion for Summary Judgment (dkt. no. 10) is GRANTED; 2. the plaintiff's motion for Summary Judgment (dkt. no. 8) is DENIED; and 3. this civil action is DISMISSED WITH PREJUDICE and RETIRED 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. DATED: March 11, 2011. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE Wilson'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). 2 1

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