Cole et al. v. Colvin
Filing
13
MEMORANDUM OPINION AND ORDER: The court ADOPTS the 12 Proposed Findings and Recommendation by Magistrate Judge Dwane L. Tinsley, AFFIRMS the final decision of the Commissioner, DENIES Plaintiff's 10 Brief in Support of Judgment on the Pleadings, and directs the Clerk to dismiss this matter from the court's active docket. Signed by Senior Judge David A. Faber on 9/21/2016. (cc: all counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
TAMMY COLE ON BEHALF OF K.R.C.,
Plaintiff,
v.
CIVIL ACTION NO. 1:15-06971
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 Dwane L. Tinsley for submission of
findings and recommendations regarding disposition pursuant to
28 U.S.C. § 636(b)(1)(B).
Magistrate Judge Tinsley submitted to
the court his Findings and Recommendation (“PF&R”) on August 23,
2016, in which he recommended that the District Court affirm the
final decision of the Commissioner, deny Plaintiff’s Brief in
Support of Judgment on the Pleadings (ECF No. 10), and direct
the Clerk to dismiss this matter from the court’s active 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
Tinsley’s Findings and Recommendation.
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 Findings and Recommendation within the
seventeen-day period.
Having reviewed the Findings and
Recommendation filed by Magistrate Judge Tinsley, the court
adopts the findings and recommendations contained therein.
Accordingly, the court hereby AFFIRMS the final decision of the
Commissioner, DENIES Plaintiff’s Brief in Support of Judgment on
the Pleadings (ECF No. 10), and directs the Clerk to dismiss
this matter from the court’s active docket.
The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to all counsel of record.
IT IS SO ORDERED this 21st day of September, 2016.
ENTER:
David A. Faber
Senior United States District Judge
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