Tennant v. Commissioner of Social Security
Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATION 17 , GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 14 , AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 10 . The Court AFFIRMS the decision of the Commissioner; and DISMISSES this case WITH PREJUDICE and ORDERS that it be STRICKEN from the active docket of this Court. The Court DIRECTS the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 1/11/2017. (kd)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
JAMES KENNETH TENNANT,
Plaintiff,
v.
//
CIVIL ACTION NO. 1:16CV51
(Judge Keeley)
CAROLYN W. COLVIN,
Acting Commissioner
of Social Security,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 17],
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 14],
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 10]
On March 28, 2016, the plaintiff, James Kenneth Tennant
(“Tennant”), filed a complaint against the defendant, Carolyn W.
Colvin, Acting Commissioner of Social Security (“Commissioner”)
(Dkt. No. 1). In the complaint, Tennant sought review of the
Commissioner’s
final
decision
denying
an
award
of
disability
benefits. He contended that the decision was “contrary to the law
and not supported by substantial evidence when the record as a
whole is reviewed by the court.” Id. at 2. The Commissioner filed
her answer to the complaint on May 23, 2016 (Dkt. No. 6).
Pursuant to 28 U.S.C. § 636(b)(1)(B) and the local rules, the
matter was referred to the Honorable Robert W. Trumble, United
States Magistrate Judge, for initial review. After the Court
received the administrative record (Dkt. No. 7), Magistrate Judge
Trumble directed the parties to file briefs (Dkt. No. 9). Tennant
filed a motion for summary judgment on June 20, 2016 (Dkt. No. 10),
TENNANT V. COLVIN
1:16CV51
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 17],
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 14],
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 10]
and, after receiving an extension of time, the Commissioner filed
a motion for summary judgment on August 19, 2016 (Dkt. No. 14).
In a Report and Recommendation (“R&R”) dated December 15,
2016, Magistrate Judge Trumble recommended that the Court deny
Tennant’s motion for summary judgment, grant the Commissioner’s
motion for summary judgment, affirm the Commissioner’s decision,
and dismiss the case with prejudice (Dkt. No. 17). After a careful
review of the record, Magistrate Judge Trumble concluded that
Tennant’s
assertions
of
error
lacked
merit
because
the
administrative law judge’s decision to deny benefits was supported
by substantial evidence. Id. at 36. In the R&R, Magistrate Judge
Trumble also informed the parties of their right to file any
objections to the recommendations within fourteen days following
receipt of the R&R. See 28 U.S.C. § 636(b)(1)(C). The Court has
received no objections.
“The Court will review de novo any portions of the magistrate
judge’s Report and Recommendation to which a specific objection is
made . . . and the Court may adopt, without explanation, any of the
magistrate judge’s recommendations to which the prisoner does not
object.” Dellacirprete v. Gutierrez, 479 F. Supp. 2d 600, 603-04
(N.D.W. Va. 2007) (citing Camby v. Davis, 718 F.2d 198, 199 (4th
Cir. 1983)). Failure to file specific objections waives appellate
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TENNANT V. COLVIN
1:16CV51
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 17],
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 14],
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 10]
review of both factual and legal questions. See United States v.
Schronce, 727 F.2d 91, 94 & n.4 (4th Cir. 1984); see also Moore v.
United States, 950 F.2d 656, 659 (10th Cir. 1991).
Having
received
no
objections
to
the
R&R,
the
Court,
therefore, is under no duty to conduct a de novo review of
Magistrate Judge Trumble’s findings. Furthermore, following a
review of the R&R and the record for clear error, the Court adopts
the opinion of the Magistrate Judge for the reasons discussed in
the R&R (Dkt. No. 17).
In conclusion, the Court:
1.
ADOPTS the R&R (Dkt. No. 17);
2.
GRANTS the Commissioner’s motion for summary judgment
(Dkt. No. 14);
3.
DENIES Tennant’s motion for summary judgment (Dkt. No.
10);
4.
AFFIRMS the decision of the Commissioner; and
5.
DISMISSES this case WITH PREJUDICE and ORDERS that it be
STRICKEN from the active docket of this Court.
It is so ORDERED.
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TENNANT V. COLVIN
1:16CV51
ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 17],
GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 14],
AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 10]
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
both orders to counsel of record.
Dated: January 11, 2017.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
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