Wimer v. Commissioner of Social Security
Filing
30
ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 04/11/2019. (cwm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
JED ALAND WIMER,
Plaintiff,
v.
CIVIL ACTION NO.: 3:18-CV-43
(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 No. 29], entered on March 26, 2019, 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 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 days after
entry of the R&R. Because no objections have been filed, this Court will review the R&R
for clear error.
Upon review and consideration, it is the opinion of the Court that Magistrate Judge
Trumble’s Report and Recommendation [ECF No. 29] 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. 18] is DENIED and the Defendant’s Motion for Summary Judgment [ECF No.
22] 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.
DATED: April 11, 2019
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