Cloud v. Commissioner of Social Security

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 1/29/2018. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 1/29/2018: # 1 Certified Mail Return Receipt) (tlg).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
STEVEN DOUGLAS CLOUD,
Plaintiff,
v.

CIVIL ACTION NO.: 3:17-CV-35
(GROH)

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 (“R&R”) of United States Magistrate Judge Robert W.
Trumble [ECF No. 33], entered on October 17, 2017, 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 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 this circumstance, 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 days after
entry of the R&R.

Accordingly, because no objections have been filed, this Court

reviewed 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. It is the opinion of this Court that
Magistrate Judge Trumble’s Report and Recommendation [ECF No. 33] 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. 22] is DENIED and the Defendant’s Motion for Summary Judgment [ECF No.
23] is GRANTED. Accordingly, this civil action is DISMISSED WITH PREJUDICE.
This matter shall be 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 and to transmit copies of this Order to all counsel

of record herein and the pro se Plaintiff.
It is so ORDERED.

DATED: January 29, 2018

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