Cogar v. Commissioner of Social Security
Filing
18
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: It is ORDERED that the Plaintiff's 13 Motion for Summary Judgment is denied, the Commissioner's 15 Motion for Summary Judgment is granted, Magistrate Kaull's 17 Report and Recommendation is adopted, and this civil action is dismissed with prejudice and retired from the docket of this Court. Judgment shall be entered by the Clerk. Signed by District Judge Irene M. Keeley on 2/6/12. (cnd)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
JAMES P. COGAR,
Plaintiff,
v.
CIVIL ACTION NO. 1:11cv76
(Judge Keeley)
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 May 12, 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 December 6, 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 Rule 6(e), Fed. R. Civ. P., to file
any written objections with the Clerk of Court 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
COGAR V. COMMISSIONER OF SOCIAL SECURITY
1:11CV76
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 accepts and
approves the R&R in whole and ORDERS that this civil action be
disposed of in accordance with the recommendation of the magistrate
judge. Accordingly,
1.
the Commissioner's motion for Summary Judgment (dkt. no.
16) is GRANTED;
2.
the plaintiff's motion for Summary Judgment (dkt. no. 13)
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: February 6, 2012.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
1
Cogar’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
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