McGinnis v. Commissioner of Social Security

Filing 14

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 13 ; denying 9 Motion for Summary Judgment filed by Beth Ann McGinnis; granting 10 Motion for Summary Judgment filed by Commissioner of Social Security. The Court DISMIS SES this civil action WITH PREJUDICE; and ORDERS it STRICKEN from the active docket of this Court. The Court directs the Clerk of Court to enter judgment in favor of the defendant. Signed by District Judge Irene M. Keeley on 12/2/2015. (kd) (Main Document 14 replaced on 12/2/2015 to correct header on page 2, NEF Regenerated) (kd).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
BETH ANN MCGINNIS,
Plaintiff,
v.

CIVIL ACTION NO. 1:14CV151
(Judge Keeley)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION (DKT. NO. 13)
Pending before the Court is the Report and Recommendation of
United States Magistrate Michael John Aloi (“R&R”) (dkt. no. 13),
dated November 10, 2015. Pursuant to 28 U.S.C. § 636(b)(1)(C), this
Court is required to make a de novo review of those portions of the
magistrate judge’s findings to which objection is made. However,
failure to file objections to the R&R permits a district court to
review the recommendation under standards that the court believes
are appropriate; under these circumstances, the parties’ right to
de novo review is waived. See Webb v. Califano, 468 F.Supp. 825
(E.D. Cal. 1979). Here, no objections have been filed, and the
Court will review the R&R for clear error.
Following review of the R&R and the record, it is the opinion
of this Court that the Magistrate Judge’s R&R (dkt. no. 13) should
be, and, is, hereby ORDERED ADOPTED for the reasons more fully
stated therein. Therefore, the Court

MCGINNIS V. COMMISSIONER OF SOCIAL SECURITY

1:14CV151

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
1.

GRANTS the defendant's motion for Summary Judgment (dkt.
no. 10);

2.

DENIES the plaintiff's motion for Summary Judgment (dkt.
no. 9); and

3.

DISMISSES this civil action WITH PREJUDICE; and

4.

ORDERS it STRICKEN from the active docket of this Court.

The Court directs the Clerk of Court to enter judgment in
favor of the defendant.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order
to all counsel of record.
DATED: December 2, 2015.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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