Wills v. Colvin

Filing 22

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 19 Proposed Findings and Recommendation by Magistrate Judge Aboulhosn; DENIES plaintiff's 13 Motion for Summary Judgment; GRANTS Defendant's 15 Brief in Support of the Commissioner's Decision; AFFIRMS the final decision of the Commissioner and DISMISSES the case from the court's docket. Signed by Senior Judge David A. Faber on 2/17/2017. (cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JOSEPH NATHAN WILLS,
Plaintiff,
v.

CIVIL ACTION NO. 1:15-13475

NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Omar J. Aboulhosn for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Aboulhosn submitted to

the court his Findings and Recommendation (“PF&R”) on January 6,
2017, 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),
the parties were allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge Aboulhosn’s
Proposed Findings and Recommendation.

1

The court granted

Nancy A. Berryhill became the Acting Commissioner of the
Social Security Administration on January 27, 2017. Pursuant to
Fed. R. Civ. P. 25(d), Berryhill was substituted for Carolyn W.
Colvin as the defendant in this action.

plaintiff’s motion seeking an additional 14 days in which to
respond to the PF&R.

(ECF No. 21).

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 Aboulhosn as follows:
1.

Plaintiff’s motion for summary judgment is
DENIED;2

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 17th of February, 2017.
ENTER:
David A. Faber
Senior United States District Judge
2

Plaintiff actually filed a motion for summary judgment
while defendant filed a brief in support of the Commissioner’s
decision.
2