Emigh v. Commissioner of Social Security

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION adopting 31 Report and Recommendation; denying 13 Motion for Summary Judgment; and granting 17 Motion for Summary Judgment. The Court ORDERS that this matter be DISMISSED WITH PREJUDICE and that it be STRICKEN FROM THE DOCKET OF THIS COURT. The Clerk is DIRECTED to enter judgment in favor of the Commissioner. Signed by District Judge Gina M. Groh on 2/10/2015. (cwm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
PAMELA JEAN EMIGH,
Plaintiff,
v.

CIVIL ACTION NO.: 3:14-CV-36
(JUDGE GROH)

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 (“R&R”) of United States Magistrate Judge Robert W.
Trumble [ECF 31], filed on January 12, 2015, 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).
Pursuant to Judge Trumble’s R&R, as well as 28 U.S.C. § 636(b)(1)(C) and Federal
Rule of Civil Procedure 6(d), objections were due fourteen days plus three days after entry
of the R&R, or January 29, 2015. Accordingly, because no objections have been filed, this
Court will review the R&R for clear error.
Upon careful review of the R&R, it is the opinion of this Court that the magistrate

judge’s Report and Recommendation should be, and is, hereby ORDERED ADOPTED for
the reasons more fully stated in the magistrate judge’s report. This Court DENIES the
Plaintiff’s Motion for Summary Judgment [ECF 13] and GRANTS the Commissioner’s
Motion for Summary Judgment [ECF 17]. Accordingly, this Court ORDERS that this matter
be DISMISSED WITH PREJUDICE and that it be STRICKEN FROM THE DOCKET OF
THIS COURT. The Clerk is DIRECTED to enter judgment in favor of the Commissioner.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: February 10, 2015

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