Townsend v. Berryhill

Filing 22

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 21 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn; DENIES plaintiff's 14 Motion for Summary Judgment; GRANTS defendant's 19 request to affirm the decision of the Commissioner; AFFIRMS the final decision of the Commissioner; and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 3/20/2019. (cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ANGELA LAZELLE TOWNSEND,
Plaintiff,
v.

CIVIL ACTION NO. 1:18-00328

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 Omar J. Aboulhosn for submission of
findings and recommendations regarding disposition, pursuant to
28 U.S.C. § 636(b)(1)(B).

Magistrate Judge Aboulhosn submitted

to the court his Proposed Findings and Recommendation (“PF&R”)
on January 31, 2019, in which he recommended that the district
court deny plaintiff’s motion for summary judgment; grant the
defendant’s request to affirm the decision of the Commissioner;
affirm the final decision of the Commissioner; and dismiss this
action from the docket of the court.

ECF No. 21.

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 summary judgment is DENIED, (ECF
No. 14);
2. Defendant’s request to affirm the decision of the
Commissioner is GRANTED, (ECF No. 19);
3. The final decision of the Commissioner is AFFIRMED; and
4. The Clerk is directed to remove this case from the
court’s active docket.
The Clerk is directed to forward a copy of this Memorandum
Opinion and Order to counsel of record.
It is SO ORDERED this 20th day of March, 2019.
ENTER:
David A. Faber
Senior United States District Judge