Schmitt v. Commissioner Of Social Security Administration

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATION; denying Plaintiff's 9 Motion for Summary Judgment and granting Defendant's 10 Motion for Summary Judgment. This matter is ORDERED dismissed with prejudice and stricken from the docket. Signed by Chief Judge Gina M. Groh on 6/4/2015. (tlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
DENISE SCHMITT,
Plaintiff,
v.

CIVIL ACTION NO.: 3:14-CV-105
(GROH)

COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
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 15], filed on May 14, 2015, to which neither party filed objections.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must review de novo those portions
of the magistrate judge’s findings to which the Plaintiff objects. However, failure to file
objections permits the district court to review the R&R under the standards that the district
court believes are appropriate, and if parties do not object to an issue, the parties’ right to
de novo review is waived as to that issue. See Webb v. Califano, 468 F. Supp. 825, 830-31
(E.D. Cal. 1979). Pursuant to Magistrate Judge Trumble’s R&R, as well as 28 U.S.C. §
636(b)(1) and Federal Rule of Civil Procedure 6(d), objections were due fourteen plus three
days after entry of the R&R, or Monday, June 1, 2015. Because no objections have been
filed, this Court reviews the R&R for clear error.
Upon review of the above, it is the opinion of this Court that the Report and

Recommendation, [ECF 15], should be, and is, hereby ORDERED ADOPTED. The Court
ORDERS that the Defendant’s Motion for Summary Judgment, [ECF 10], be GRANTED
and the Plaintiff’s Motion for Summary Judgment, [ECF 9], be DENIED. The Court further
ORDERS that this matter be DISMISSED WITH PREJUDICE and that it be stricken from
this Court’s active docket.
Pursuant to Federal Rule of Civil Procedure 58, the Clerk is directed to enter a
separate order of judgment in favor of the Defendant.
The Clerk is directed to transmit copies of this Order to all counsel of record herein.
DATED: June 4, 2015

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