Wallace v. Berryhill

Filing 20

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 19 Proposed Findings and Recommendation of Magistrate Judge Omar J. Aboulhosn; DENIES Claimant's 16 MOTION for Judgment on the Pleadings; GRANTS Defendant's 18 request to affirm the decision of the Commissioner; AFFIRMS the final decision of the Commissioner; and DISMISSES this action from the court's active docket. Signed by Senior Judge David A. Faber on 8/30/2017. (cc: counsel of record) (arb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD MARCIA L. WALLACE, Plaintiff, v. CIVIL ACTION NO. 1:17-01218 NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this matter was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and recommendations (“PF&R”) for disposition pursuant to 28 U.S.C. § 636(b)(1)(B). See Doc. No. 4. Magistrate Judge Aboulhosn submitted to the court his PF&R on July 21, 2017, in which he recommended that the Court deny the Claimant’s Motion for Judgment on the Pleadings, see Doc. No. 16.), grant the Defendant’s request to affirm the decision of the Commissioner, see Doc. No. 18, affirm the final decision of the Commissioner, and dismiss this action from the court’s active docket. In accordance with 28 U.S.C. § 636(b), the parties were allotted seventeen days in which to file any objections to Magistrate Judge Aboulhosn’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. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Neither party filed any objections to the Magistrate Judge’s PF&R within the required time period. Accordingly, the court adopts Magistrate Judge Aboulhosn’s PF&R as follows: 1) The Claimant’s Motion for Judgment on the Pleadings, see Doc. No. 16, is DENIED; 2) The Defendant’s request to affirm the decision of the Commissioner, see Doc. No. 18, is GRANTED; 3) The final decision of the Commissioner is AFFIRMED; and 4) This action is DISMISSED from the court’s active docket. The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to counsel of record. It is SO ORDERED this 30th day of August, 2017.                   ENTER:   David A. Faber Senior United States District Judge 2   

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