Danielson v. Commissioner of Social Security

Filing 18

ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATIONS IN WHOLE as to 17 Report and Recommendations. GRANTS as to 15 Motion for Summary Judgment filed by Commissioner of Social Security. DENIES as to 12 plaintiff's motion for summary judgment and DISMISSES this civil action WITH PREJUDICE and RETIRES it from the active docket of this Court. Signed by District Judge Irene M. Keeley on 4/19/2011. (Copy counsel of record via CM/ECF)(jmm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
LINDSEY NICOLE DANIELSON,
Plaintiff,
v.

CIVIL ACTION NO. 1:10CV125
(Judge Keeley)

COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
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 August 13,
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 28, 2011, Magistrate Judge Seibert filed his Report
and Recommendation (“R&R”), and, in accordance with 28 U.S.C.
§636(b)(1) and Fed. R. Civ. P. 6(e), directed the parties, 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 advised
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

LINDSEY V. COMMISSIONER OF SOCIAL SECURITY

1:10CV125

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Having received no written objections1 and after consideration
of Magistrate Judge Seibert's R&R, the Court ORDERS that Magistrate
Judge Seibert’s R&R be and it is accepted in whole; and further
ORDERS that this civil action be disposed of in accordance with the
recommendation of the Magistrate.
1.

Accordingly, the Court

GRANTS the Commissioner's motion for Summary Judgment
(dkt. no. 15);

2.

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

3.

DISMISSES this civil action WITH PREJUDICE and RETIRES
it 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: April 19, 2011.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

1

Danielson’s failure to object to the Report and
Recommendation not only waives his 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