Stevens, et al v. Colvin

Filing 19

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 18 PROPOSED FINDINGS AND RECOMMENDATION by Magistrate Judge Eifert; DENIES Plaintiff's brief in support of the complaint; GRANTS Defendant's brief in support of the Commissioner's decision; AFFIRMS the final decision of the Commissioner; and DISMISSES this case from the Court's docket. Signed by Judge David A. Faber on 2/26/2015. (cc: counsel of record) (mjp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
DIANE STEVENS, on behalf of
J.H.S.,
Plaintiff,
v.

CIVIL ACTION NO. 1:13-33196

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 Cheryl A. Eifert for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Eifert submitted to the

court her Findings and Recommendation (“PF&R”) on January 26,
2015, in which she 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),
the parties were allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge Eifert’s
Proposed 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).

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 Eifert as follows:
1.

Plaintiff’s brief in support of the Complaint is
DENIED;*

2.

Defendant’s brief in support of the Commissioner’s
decision is GRANTED;

3.

The final decision of the Commissioner is
AFFIRMED; and

4.

The 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 26th of February, 2015.
ENTER:

David A. Faber
Senior United States District Judge

*

The parties actually filed briefs in support of their
respective positions and not motions for judgment on the
pleadings.
2