Bertran v. Commissioner of Social Security

Filing 21

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION/OPINION: It is ORDERED that the Commissioner's 18 Motion for Summary Judgment is granted, Plaintiff's 16 Motion for Summary Judgment is denied, and Magistrate Kaull's 20 Report and Recommendation is adopted. This civil action is dismissed with prejudice. The Clerk shall enter a separate judgment order. Signed by District Judge Irene M. Keeley on 4/12/12. (cnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

JEAN LORRAINE BERTRAN,
Plaintiff,
v.

CIVIL ACTION NO. 1:11CV110
(Judge Keeley)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION/OPINION
Pursuant to 28 U.S.C. §636(b)(1)(B), Fed.R.Civ. P. 72(b) and
Local Court Rule 4.01(d), on July 20, 2012, 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 March 19, 2012, Magistrate Judge Kaull filed his Report and
Recommendation/Opinion

(“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 any written objections with the Clerk of Court 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.
The parties did not file any objections.

BERTRAN V. COMMISSIONER OF SOCIAL SECURITY

1:11CV110

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

the Court accepts the

R&R in its entirety. Accordingly, it
1.

GRANTS the Commissioner's motion for Summary Judgment
(dkt. no. 18);

2.

DENIES the plaintiff's motion for Summary Judgment (dkt.
no. 16); and

3.

DISMISSES this civil action WITH PREJUDICE; and

4.

ORDERS it stricken 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 12, 2012.

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

1

Bertran’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