Shifflett v. Commissioner of Social Security

Filing 20

ORDER ADOPTING 18 Magistrate Judge's Opinion/Report and Recommendation. The Commissioner's 16 motion for summary judgment is GRANTED. The plaintiff's 15 motion for summary Judgment is DENIED. This civil action is DISMISSED WITH PREJUCIDE and RETIRED from the docket of this Court. Clerk directed to enter judgment. Signed by District Judge Irene M. Keeley on 4/3/13. (cc)(c to plaintiff by certified mail) (Additional attachment(s) added on 4/3/2013: # 1 Certified Mail Return Receipt) (cc). Modified on 4/3/2013 to correct typo (cc).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MONICA ANN SHIFFLETT, Plaintiff, v. CIVIL ACTION NO. 1:12CV138 (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 September 5, 2012, the Court referred this Social Security action to United States Magistrate Judge David J. Joel with directions to submit proposed findings of fact and a recommendation for disposition. On March 5, 2013, Magistrate Judge Joel 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 with the Clerk of Court any 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. parties did not file any objections. The SHIFFLETT V. COMMISSIONER OF SOCIAL SECURITY 1:12CV138 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Upon consideration of Magistrate Judge Joel's recommendation and having received no written objections,1 the Court accepts and approves the R&R and ORDERS this civil action disposed of in accordance with the recommendation. 1. Accordingly, the Commissioner's motion for Summary Judgment (dkt. no. 16) is GRANTED; 2. the plaintiff's motion for Summary Judgment (dkt. no. 15) 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: April 3, 2013. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE 1 Shifflett’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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