Banks v. Commissioner of Social Security

Filing 21

ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Kaull's 20 Opinion/Report and Recommendation is accepted and approved; Plaintiff's 14 Motion for Summary Judgment is DENIED; the Commissioner's 18 Motion for Summary Judgment is GRANTED; and this civil action is DISMISSED WITH PREJUDICE and RETIRED from the docket of this Court. The Court directs the Clerk to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 2/6/15. (cnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
WILLIAM BANKS,
Plaintiff,
v.

CIVIL ACTION NO. 1:14CV98
(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 June 9, 2014,
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 3, 2014, Magistrate Judge Kaull filed his Report
and Recommendation (“R&R”), which directed the parties, in accord
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. The R&R 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.
After being so advised, the parties did not file any objections.

BANKS V. COMMISSIONER OF SOCIAL SECURITY

1:14CV98

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, and ORDERS that this civil action be disposed of
in accordance with the recommendation of the Magistrate Judge.
Accordingly, the Court
1.

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

2.

DENIES the plaintiff's motion for Summary Judgment (dkt.
no. 14); 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: February 6, 2015.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

1

The failure of the parties to object to the Report and
Recommendation not only waives their 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