Massey v. Commissioner Of Social Security Administration

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATION. Plaintiffs Motion for Summary Judgment [Doc. 16 is DENIED, the Defendants Motion for Summary Judgment [Doc. 19 is GRANTED, and the decision of the Commissioner is AFFIRMED and this case is DISMISSED WITH PREJUDICE. As a final matter, this matter is hereby ORDERED STRICKEN from the active docket of this Court. Signed by District Judge John Preston Bailey on 11/27/18. (njz)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
ELKINS
TAMMY S. MASSEY,
Plaintiff,
v.

Civil Action No. 2:18-CV-40
(Judge 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.
22] dated November 9, 2018, 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). Inasmuch as plaintiff is
represented by counsel, service was complete on the date the R&R was filed, November
9, 2018. 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. 22] should be, and is, hereby ORDERED ADOPTED for the

reasons more fully stated therein. Accordingly, the Commissioner’s decision denying
plaintiff’s claim for DIB and SSI contains no legal error and is supported by substantial
evidence. As such, the Plaintiff’s Motion for Summary Judgment [Doc. 16] is DENIED, the
Defendant’s Motion for Summary Judgment [Doc. 19] is GRANTED, and the decision of
the Commissioner is AFFIRMED and this case is DISMISSED WITH PREJUDICE. As a
final matter, this matter is hereby ORDERED STRICKEN from the active docket of this
Court.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: November 27, 2018.