Thompson v. Kijakazi

Filing 12

MEMORANDUM OPINION AND ORDER adopting the 11 Proposed Findings and Recommendations by Magistrate Judge Eifert as follows: Plaintiff's 6 motion for judgment on the pleadings is DENIED; Defendant's 9 request to affirm the Commissioner's decision is GRANTED; The final decision of the Commissioner is AFFIRMED; and This matter is DISMISSED from the court's docket. Signed by Senior Judge David A. Faber on 6/3/2024. (cc: counsel of record; unrepresented parties) (mk)

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

CIVIL ACTION NO. 1:23-00514

MARTIN J. O’MALLEY,
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 recommendation 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 April
10, 2024, in which she recommended that the court deny
plaintiff’s motion 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
case from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days and three mailing days
in which to file any objections to Magistrate Judge Eifert'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 Eifert as follows:
1.

Plaintiff’s motion 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.

This matter is DISMISSED from the court’s docket.

The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and
unrepresented parties.
IT IS SO ORDERED this 3rd of June, 2024.
ENTER:

David A. Faber
Senior United States District Judge

2