Sheets v. Commissioner of Social Security

Filing 23

ORDER adopting Magistrate Kaull's 22 Report and Recommendation, denying Plaintiff's 14 Motion for Judgment on the Pleadings; granting Defendant's 18 Motion for Summary Judgment. This matter is dismissed and stricken from the active docket. Judgment shall be entered in favor of the Defendant. Signed by Chief Judge John Preston Bailey on 3/29/11. (cnd)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ELKINS

CHARLENE F. SHEETS, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION/OPINION On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation/Opinion of United States Magistrate Judge John S. Kaull [Doc. 22] dated March 9, 2011, to which neither party filed objections. 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 magistrate judge's proposed findings and recommendation 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). Accordingly, because no objections have been filed, this report and recommendation ("R & R") will be reviewed for clear error. Upon review of the above, it is the opinion of this Court that the Report and Recommendation/Opinion [Doc. 22] should be, and is, hereby ORDERED ADOPTED. For reasons more fully stated in the Report and Recommendation, this Court finds no clear Civil Action No. 2:10-CV-58 (Judge Bailey)

error regarding the magistrate judge's finding that the Commissioner's decision denying the plaintiff's application for DIB is supported by substantial evidence and, accordingly, the Defendant's Motion for Summary Judgment [Doc. 18] is hereby GRANTED. Further, the Plaintiff's Motion for Judgment on the Pleadings and/or Motion to Remand for the Consideration of Evidence Submitted to the Appeals Council but not Contained in the Administrative Record [Doc. 14] is DENIED. Accordingly, this matter is hereby

DISMISSED and ORDERED STRICKEN from the active docket of this Court. The Clerk shall enter judgment in favor of the defendants. It is so ORDERED. The Clerk is directed to transmit true copies of this Order to all counsel of record. DATED: March 29, 2011.