Akers v. Commissioner of Social Security

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS: denying 15 Motion for Judgment on the Pleadings; granting 17 Motion for Summary Judgment. The Clerk is DIRECTED to STRIKE this action from the active docket of this Court and to enter judgment in favor of the defendant. Signed by Chief Judge John Preston Bailey on 9/9/14. (njz)

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

ANGELA A. AKERS,
Plaintiff,
v.

Civil Action No. 2:13-CV-71
(Judge Bailey)

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the
Report and Recommendation of United States Magistrate Judge James E. Seibert [Doc.
21] dated August 22, 2014, 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). Because the plaintiff is
represented by counsel, service was accepted on the date the R&R was filed, August 22,
2014. To date, no objections have been filed; accordingly, this Court will review the R&R
for clear error.
Upon review of the above, it is the opinion of this Court that the Report and
Recommendation [Doc. 21] should be, and is, hereby ORDERED ADOPTED for the

reasons more fully stated therein. Accordingly, Ms. Akers’ Motion for Summary Judgment
[Doc. 15] is DENIED and the Commissioner’s Motion for Summary Judgment [Doc. 17]
is GRANTED. As such, the Clerk is DIRECTED to STRIKE this action from the active
docket of this Court and to enter judgment in favor of the defendant.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: September 9, 2014.