Barrett v. Commissioner of Social Security
ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 10/18/2017. (cwm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NO.: 3:16-CV-160
COMMISSIONER OF SOCIAL SECURITY,
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 No. 24], entered on September 14, 2017, to which neither party filed
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 R&R to which objection is made. However, failure to file
objections permits the district court to review the R&R under the standard that it believes
to be appropriate, and under these circumstances, the parties’ right to de novo review is
waived. 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)(C)
and Federal Rule of Civil Procedure 6, objections were due within fourteen plus three
days after entry of the R&R. Because no objections have been filed, this Court will review
the R&R for clear error.
In this matter, Magistrate Judge Trumble found that the administrative law judge’s
decision was supported by substantial evidence. Accordingly, it is the opinion of the Court
that Magistrate Judge Trumble’s Report and Recommendation [ECF No. 24] should be,
and is, hereby ORDERED ADOPTED. For the reasons more fully stated in the Report
and Recommendation, this Court ORDERS that the Plaintiff’s Motion for Summary
Judgment [ECF No. 12] is DENIED and the Defendant’s Motion for Summary Judgment
[ECF No. 15] is GRANTED. The Court further ORDERS that this matter be DISMISSED
WITH PREJUDICE and STRICKEN from the 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 further DIRECTED to
transmit copies of this Order to all counsel of record herein.
It is so ORDERED.
DATED: October 18, 2017
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?