Gladwell v. Astrue

Filing 8

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 7 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort as follows: the final decision of the Commissioner is AFFIRMED, and this case is DISMISSED from the court's docket. Signed by Judge David A. Faber on 7/29/2013. (cc: counsel of record) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
LARRY WAYNE GLADWELL,
Plaintiff,
v.

CIVIL ACTION NO. 1:12-01586

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,*
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate R. Clarke VanDervort for submission of findings
and recommendation regarding disposition pursuant to 28 U.S.C. §
636(b)(1)(B).

Magistrate Judge VanDervort submitted to the court

his Findings and Recommendation on June 26, 2013, in which he
recommended that the court affirm the final decision of the
Commissioner, and dismiss this matter from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge VanDervort's
Findings and Recommendation.

The failure of any party to file

such objections within the time allowed constitutes a waiver of
such party's right to a de novo review by this court.

Snyder v.

Ridenour, 889 F.2d 1363 (4th Cir. 1989).

*

On February 14, 2013, Colvin became the Acting Commissioner
of Social Security, replacing Michael J. Astrue who was
Commissioner when this case was filed.

Neither party filed any objections to the Magistrate
Judge's Findings and Recommendations within the required time
period.

Accordingly, the court adopts the Findings and

Recommendations of Magistrate Judge VanDervort as follows:
1.

The final decision of the Commissioner is
AFFIRMED; and

2.

This case is DISMISSED from the court’s docket.

The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED this 29th of July, 2013.
ENTER:

David A. Faber
Senior United States District Judge

2