McGrady v. Commissioner of Social Security

Filing 12

ORDER: Magistrate Judge Kaulls R&R accepted in whole and directs that this civil action be disposed of in accordance with the recommendation of the magistrate judge. 1. the Commissioner's motion for Summary Judgment 9 is GRANTED; 2. the plaintiff's motion for Summary Judgment 7 is DENIED; and3. this civil action is DISMISSED WITH PREJUDICE and RETIRED from the docket of this Court. Signed by District Judge Irene M. Keeley on 10/11/11. (jcs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
LAYLA MCGRADY,
Plaintiff,
v.

CIVIL ACTION NO. 1:11CV10
(Judge Keeley)

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. §636(b)(1)(B), Rule 72(b), Fed. R.
Civ. P.4.01(d), on February 2, 2011, 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 September 16, 2011, Magistrate Judge Kaull 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. Rule 6(e), to file
any written objections with the Clerk of Court within fourteen (14)
days following service of 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

MCGRADY V. COMMISSIONER OF SOCIAL SECURITY

1:11CV10

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Upon consideration of Magistrate Judge Kaull's recommendation
and having received no written objections,1

the Court

ORDERS Magistrate Judge Kaull’s R&R accepted in whole and
directs that this civil action be disposed of in accordance with
the recommendation of the magistrate judge.
1.

Accordingly,

the Commissioner's motion for Summary Judgment (dkt. no.
9) is GRANTED;

2.

the plaintiff's motion for Summary Judgment (dkt. no. 7)
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: October 11, 2011.

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

1

McGrady’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