Hampton v. Colvin
Filing
18
MEMORANDUM OPINION AND ORDER: the Court ADOPTS the 17 Proposed Findings and Recommendations by Magistrate Judge, GRANTS defendant's 15 Motion for judgment on the pleadings, DENIES plaintiff's 14 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 9/9/2015. (cc: counsel of record) (mk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ALORA S. HAMPTON,
Plaintiff,
v.
CIVIL CASE NO. 1:14-24505
CAROLYN W. COLVIN,
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 recommendations regarding disposition, pursuant to
28 U.S.C. § 636(b)(1)(B).
(Doc. No. 4).
Magistrate Judge
Eifert submitted her Proposed Findings and Recommendation
(“PF&R”) to the court on August 17, 2015, in which she
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.
(Doc. No. 16).
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
1
Eifert’s PF&R.
The failure of any party to file such 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 allotted period.
Having reviewed the
PF&R filed by Magistrate Judge Eifert, the court adopts the
findings and recommendation contained therein.
Accordingly, the court adopts the factual and legal
analysis contained within the PF&R, GRANTS1 defendant’s motion
for judgment on the pleadings, (Doc. No. 15), DENIES plaintiff’s
motion for judgment on the pleadings, (Doc. No. 14), 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 9th day of September, 2015.
ENTER:
David A. Faber
Senior United States District Judge
1
The parties actually filed briefs in support of their
respective positions, but the court has construed these filings
as motions for judgment on the pleadings.
2
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