Rehm v. Astrue
Filing
14
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 13 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge VanDervort; DENIES Plaintiff's 11 MOTION for Judgment on the Pleadings; GRANTS Defendant's 12 MOTION for Judgment on the Pleadings; AFFIRMS the final decision of the Commissioner and DISMISSES this case from the court's docket. Signed by Judge David A. Faber on 3/18/2014. (cc: counsel of record) (mjp) Modified on 3/18/2014 to add docket text .
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
OTIS RAY REHM, JR.,
Plaintiff,
v.
CIVIL ACTION NO. 1:12-07502
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 February 28, 2014, in which he
recommended that the court deny plaintiff's motion for judgment
on the pleadings, grant defendant’s motion for judgment on the
pleadings, 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.
Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Snyder v.
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.
Plaintiff’s motion for judgment on the pleadings
is DENIED;
2.
Defendant’s motion for judgment on the pleadings
is GRANTED;
3.
The final decision of the Commissioner is
AFFIRMED; and
4.
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 18th of March, 2014.
ENTER:
David A. Faber
Senior United States District Judge
2
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