McDonald v. Commissioner of Social Security

Filing 16

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Court accepts Magistrate Judge Seiberts 15 Report and Recommendations in whole. GRANTS as to 13 Motion for Summary Judgment filed by Commissioner of Social Security. DENIES as to [ 12] Motion for Summary Judgment filed by Michael McDonald. Court DISMISSES this civil action WITH PREJUDICE and ORDERS that it be RETIRED from the docket of this Court. Signed by District Judge Irene M. Keeley on 3/30/2011. (Copy counsel of record via CM/ECF)(jmm)

McDonald v. Commissioner of Social Security

Doc. 16

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MICHAEL JAY MCDONALD, Plaintiff, v. CIVIL ACTION NO. 1:10CV95

(Judge Keeley) MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Pursuant to 28 U.S.C. §636(b)(1)(B), Fed.R.Civ.P. 72(b) and Local Court Rule 4.01(d), on June 18, 2010, the Court referred this Social Security action to United States Magistrate Judge James E. Seibert with directions to submit proposed findings of fact and a recommendation for disposition. On March 7, 2011, Magistrate Judge Seibert filed his Report and Recommendation ("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 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. The parties did not file any objections.

Upon consideration of the Magistrate Judge's recommendation and having received no written objections,1 the Court ACCEPTS

McDonald's failure to object to the Report and Recommendation not only waives his appellate rights in this matter,

1

Dockets.Justia.com

MICHAEL MCDONALD V. ASTRUE ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

1:10CV95

Magistrate Judge Seibert's R&R in whole and ORDERS that this civil action be disposed of in accordance with the recommendation of the Magistrate Judge. 1. Accordingly,

The Court GRANTS the Commissioner's motion for Summary Judgment (dkt. no. 13);

2.

The Court DENIES the plaintiff's motion for Summary Judgment (dkt. no. 12); and

3.

The Court DISMISSES this civil action WITH PREJUDICE and ORDERS that it be 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 30, 2011.

/s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE

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