Romanello v. Berryhill

Filing 11

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 10 Proposed Findings and Recommendation by Magistrate Judge Dwane L. Tinsley; DENIES plaintiff's 8 request for Judgment on the Pleadings; GRANTS the Commissioner's 9 request to affirm the Commissioner's Decision; 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 8/20/2019. (cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
TOMMI ROMANELLO,
Plaintiff,
v.

CIVIL ACTION NO. 1:18-00889

ANDREW SAUL,
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 recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Tinsley submitted to the

court his Proposed Findings and Recommendation (“PF&R”) on July
23, 2019, in which he recommended that the court deny the
plaintiff’s request for judgment on the pleadings; grant
defendant’s request to affirm the Commissioner’s decision; affirm
the final decision of the Commissioner; and dismiss this matter
from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge Tinsley's
Proposed Findings and Recommendation.

The failure of any party

to file such objections within the time allowed 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 Findings and Recommendations within the required time
period.

Accordingly, the court adopts the Findings and

Recommendations of Magistrate Judge Tinsley as follows:
1.

Plaintiff’s request for Judgment on the Pleadings
is DENIED;

2.

Defendant’s request to affirm the Commissioner’s
Decision is GRANTED;

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 of August, 2019.
ENTER:

David A. Faber
Senior United States District Judge

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