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).

Download PDF
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 1 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?