Reed v. Berryhill

Filing 19

MEMORANDUM OPINION AND ORDER: The court adopts the factual and legal analysis contained within the 18 PF&R as follows: 1. Plaintiff's 12 motion for judgment on the pleadings is DENIED; 2. Defendant's 17 request to affirm the decisi on of the Commissioner is GRANTED; 3. The final decision of the Commissioner is AFFIRMED; and 4. The Clerk is directed to DISMISS this action with prejudice, and REMOVE this action from the court's docket. Signed by Senior Judge David A. Faber on 5/29/2018. (cc: counsel of record) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
TAMMY LAVONNE REED,
Plaintiff,
v.

CIVIL ACTION NO. 1:17-02299

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Cheryl A. Eifert for submission of
findings and recommendations regarding disposition, pursuant to
28 U.S.C. § 636(b)(1)(B).

Magistrate Judge Eifert submitted to

the court her Proposed Findings and Recommendation (“PF&R”) on
March 22, 2018, in which she recommended that the district court
deny plaintiff’s motion for judgment on the pleadings; grant the
Commissioner’s motion for judgment on the pleadings; and affirm
the Commissioner’s decision.

ECF No. 18.

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 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.

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

1989).
Neither party has filed any objections to the magistrate
judge’s PF&R within the required time period.

Accordingly, the

court adopts the factual and legal analysis contained within the
PF&R as follows:
1. Plaintiff’s motion for judgment on the pleadings is
DENIED, (ECF No. 12);
2. Defendant’s request to affirm the decision of the
Commissioner is GRANTED, (ECF No. 17);
3. The final decision of the Commissioner is AFFIRMED; and
4. The Clerk is directed to DISMISS this action with
prejudice, and REMOVE this action 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 29th day of May, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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