Oaks v. Colvin

Filing 19

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 18 Proposed Findings and Recommendation by Magistrate Judge Dwane L. Tinsley, DENIES Plaintiff's 14 MOTION for Judgment on the Pleadings, AFFIRMS the final decision of the Commissioner and DIRECTS the Clerk to dismiss this matter from the court's docket. Signed by Senior Judge David A. Faber on 9/11/2017. (cc: all counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
DAVID MARK OKES,1
Plaintiff,
v.

CIVIL CASE NO. 1:16-08976

NANCY A. BERRYHILL,
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).

See Doc. No. 4.

Magistrate Judge

Tinsley submitted his Proposed Findings and Recommendation
(“PF&R”) to the court on August 11, 2017, in which he
recommended that the district court deny Plaintiff’s Motion for
Judgment on the Pleadings, see Doc. No. 14; affirm the final
decision of the Commissioner; and dismiss this action 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

1

See Doc. No. 18.

days, in which to file any objections to the Magistrate Judge’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.
1989).

See Snyder v. Ridenour, 889 F.2d 1363 (4th Cir.

No party has filed any objections to the Magistrate

Judge’s PF&R.
Accordingly, the court adopts the factual and legal
analysis contained within the PF&R; DENIES Plaintiff’s Motion
for Judgment on the Pleadings, see Doc. No. 14; AFFIRMS the
final decision of the Commissioner; and DIRECTS the Clerk to
dismiss 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 11th day of September, 2017.
ENTER:

David A. Faber
Senior United States District Judge

2