Norman v. Commissioner of Social Security

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATION. 10 Defendant's Motion for Summary Judgment is GRANTED and 9 Plaintiff's Motion for Summary Judgment is DENIED. This matter is hereby DISMISSED and ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment in favor of the defendant. Signed by Chief Judge John Preston Bailey on 10/21/2014. (copy to counsel of record via CM/ECF) (nmm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
ELKINS
DALE JOSEPH NORMAN,
Plaintiff,
v.

Civil Action No. 2:14-CV-33
(BAILEY)

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the
Report and Recommendation of United States Magistrate Judge John S. Kaull [Doc. 12],
dated August 27, 2014. 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). To date, no objections have been filed. Accordingly, this
Court will review the R&R for clear error.
Upon review of the R&R and the record, it is the opinion of this Court that the
Magistrate Judge’s Report and Recommendation [Doc. 12] should be, and is, hereby
ORDERED ADOPTED for the reasons more fully stated therein.

Therefore, the

Defendant’s Motion for Summary Judgment [Doc. 10] is GRANTED and the Plaintiff’s
Motion for Summary Judgment [Doc. 9] is DENIED. This matter is hereby DISMISSED

and ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED
to enter a 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: October 21, 2014.