Spiker v. Commissioner of Social Security

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Trumble's 17 Report and Recommendation is ADOPTED; Defendant's 12 Motion for Summary Judgment is GRANTED and the Court DENIES and DISMISSES Plaintiff's 1 Complaint and ORDERS that this matter be STRICKEN from the active docket. The Court further DIRECTS the Clerk to enter judgment in favor of the Defendant. Signed by District Judge John Preston Bailey on 5/19/17. (cnd) Modified relationship on 5/19/2017 (cnd).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
ELKINS
RICHARD EUGENE SPIKER,
Plaintiff,
v.

CIVIL ACTION NO. 2:16-CV-68
(BAILEY)

NANCY A. BERRYHILL,
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 Robert W. Trumble. [Doc.
17]. Pursuant to this Court’s Local Rules, this action was referred to Magistrate Judge
Trumble for submission of a proposed report and recommendation (“R&R”). Magistrate
Judge Trumble filed his R&R on May 3, 2017, wherein he recommends this Court grant
the defendant’s motion for summary judgment and that the decision of the Commissioner
be affirmed.
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 finding to which objection is made.
However, the Court is not required to review, under a de novo or any other standard, the
factual or legal conclusions of the magistrate judge as to those portions of the findings or
recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140,
150 (1985). In addition, failure to file timely objections constitutes waiver of de novo review
and the right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour, 889
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F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir.
1984). Here, objections to Magistrate Judge Trumble’s R&R were due within fourteen (14)
days of service. To date, no objections have been filed. Accordingly, this Court will review
the R&R for clear error.
Upon careful review, it is the opinion of this Court that the Report and
Recommendation [Doc. 17] should be, and is, hereby ORDERED ADOPTED for the
reasons more fully stated in the magistrate judge’s report. As such, this Court hereby
GRANTS the defendant’s Motion for Summary Judgment [Doc. 12]. Accordingly, this
Court hereby DENIES and DISMISSES the plaintiff’s Complaint [Doc. 1] and ORDERS that
this matter be STRICKEN from the active docket of this Court. This Court further DIRECTS
the Clerk 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 herein.
DATED: May 19, 2017.

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