Clower v. Astrue
Filing
17
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 16 Proposed Findings and Recommendation by Magistrate Judge VanDervort; DENIES Plaintiff's 11 MOTION for Judgment on the Pleadings; GRANTS Defendant's 15 MOTION for Judgment on the Pleadings; AFFIRMS the final decision of the Commissioner and DIRECTS the Clerk to remove this matter from the Court's docket. Signed by Senior Judge David A. Faber on 1/15/2014. (cc: counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
CLIFTON LANE CLOWER,
Plaintiff,
v.
CIVIL CASE NO. 1:12-03483
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge R. Clarke VanDervort for submission of
findings and recommendations regarding disposition, pursuant to
28 U.S.C. § 636(b)(1)(B).
Magistrate Judge VanDervort submitted
his Proposed Findings and Recommendation (“PF&R”) to the court
on December 16, 2013, in which he recommended that the district
court affirm the final decision of the Commissioner, deny
plaintiff’s motion for judgment on the pleadings, grant
defendant’s motion for judgment on the pleadings, and dismiss
this matter from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days, plus three mailing
days, in which to file any objections to Magistrate Judge
VanDervort’s PF&R.
The failure of any party to file such
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objections 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).
The parties failed to file any objections to the Magistrate
Judge’s PF&R within the seventeen-day period.
Having reviewed
the PF&R filed by Magistrate Judge VanDervort, the court adopts
the findings and recommendation contained therein.
Accordingly, the court adopts the factual and legal
analysis contained within the PF&R, DENIES plaintiff’s motion
for judgment on the pleadings (Doc. No. 11), GRANTS defendant’s
motion for judgment on the pleadings (Doc. No. 15), AFFIRMS the
final decision of the Commissioner, and DIRECTS the Clerk to
remove this matter from the court’s docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to all counsel of record.
It is SO ORDERED this 15th day of January, 2014.
ENTER:
David A. Faber
Senior United States District Judge
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