Patton v. Colvin
Filing
9
MEMORANDUM OPINION AND ORDER: The current Acting Commissioner of the Social Security Administration, Nancy A. Berryhill, is substituted for former Acting Commissioner Carolyn W. Colvin as defendant in this action. The court ADOPTS the 8 Proposed Fi ndings and Recommendations of Magistrate Judge Eifert; GRANTS defendant's 5 MOTION to Dismiss; the complaint is DISMISSED, with prejudice; and the Clerk is directed to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 8/16/2017. (cc: counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ETTA JANE PATTON,
Plaintiff,
v.
CIVIL ACTION NO. 1:15-15984
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration.1
MEMORANDUM OPINION AND ORDER
By Standing Order, this matter was referred to United
States Magistrate Judge Cheryl A. Eifert for submission of
proposed findings and recommendations (“PF&R”) for disposition
pursuant to 28 U.S.C. § 636(b)(1)(B). See Doc. No. 3.
Magistrate Judge Eifert submitted to the court her PF&R on
May 24, 2017, in which she recommended that the court grant
Defendant’s Motion to Dismiss; that the court dismiss the
complaint, with prejudice; and that the court remove this matter
from the court’s docket.
In accordance with 28 U.S.C. § 636(b), the parties were
allotted seventeen days in which to file any objections to the
1
Pursuant to 42 U.S.C. § 405(g) and Rule 25(d) of the
Federal Rules of Civil Procedure, the current Acting
Commissioner of the Social Security Administration, Nancy A.
Berryhill, is substituted for former Acting Commissioner Carolyn
W. Colvin as Defendant in this action.
Magistrate Judge’s PF&R.
The failure of any party to file such
objections within the time allotted constitutes a waiver of such
party’s right to a de novo review by this court.
Ridenour, 889 F.2d 1363 (4th Cir. 1989).
See Snyder v.
Neither party filed
any objections to the Magistrate Judge’s PF&R within the
required time period.
Accordingly, the court adopts Magistrate Judge Eifert’s
PF&R as follows:
1) Defendant’s Motion to Dismiss is GRANTED;
2) The complaint is DISMISSED, with prejudice; and
3) The Clerk is directed to remove this matter from the
docket of the court.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
It is SO ORDERED this 16th day of August, 2017.
ENTER:
David A. Faber
Senior United States District Judge
2
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