Skipper v. Commissioner of Social Security

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Plaintiff's 8 Motion for Summary Judgment is DENIED, Defendant's 10 Motion for Summary Judgment is GRANTED, Magistrate Judge Trumble's 13 Report and Recommendation is ADOPTED and this civil action is DISMISSED WITH PREJUDICE and STRICKEN from the active docket. The Clerk is DIRECTED to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 7/18/17. (cnd)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA WAYNE SCOTT SKIPPER, Plaintiff, v. CIVIL ACTION NO. 1:16CV190 (Judge Keeley) COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 13] Pending before the Court is consideration of the Report and Recommendation (“R&R”) of the Honorable Robert W. Trumble, United States Magistrate Judge (Dkt. No. 13), dated June 30, 2017 (Dkt. No. 13). 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. Failure to file objections to the R&R permits the District Court to review the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties’ right to de novo review is waived. See Webb v. Califano, 468 F.Supp. 825 (E.D. Cal. 1979). To date, no objections have been filed. Accordingly, the review is for clear error. Id. Upon review of the R&R and the record, the Court adopts the opinion of the Magistrate Judge for reasons discussed in the R&R (Dkt. No. 13). SKIPPER V. COMMISSIONER OF SOCIAL SECURITY 1:16CV190 ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 13] Therefore, the Court: 1. GRANTS the defendant’s motion for summary judgment (dkt. no. 10); 2. DENIES the plaintiff’s motion for summary judgment (dkt. no. 8); and 3. DISMISSES this civil action WITH PREJUDICE and ORDERS that it be STRICKEN from the active docket of this Court. It is so ORDERED. The Court DIRECTS the Clerk to enter a separate judgment order and to transmit copies of both orders to counsel of record by certified mail, return receipt requested. DATED: July 18, 2017. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE 2

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