Estep v. Astrue

Filing 10

MEMORANDUM OPINION AND ORDER adopting and incorporating the 9 Proposed Findings and Recommendation by Magistrate Judge, granting Defendant's 7 Motion to Dismiss Plaintiff's Complaint, and dismissing this action from the Court's docket. Signed by Judge Thomas E. Johnston on 4/6/2012. (cc: Magistrate Judge Stanley; attys; any unrepresented party) (cbo)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

GRANT WILLIAM ESTEP,
Plaintiff,
v.

CIVIL ACTION NO. 2:11-cv-00766

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge,
for submission to this Court of proposed findings of fact and recommendation for disposition
(“PF&R”), pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of
fact and recommended that the Court grant Defendant’s motion to dismiss Plaintiff’s complaint
[Docket 7] and dismiss this action from the Court’s docket.
Objections to the PF&R were due on or before March 19, 2012. Neither party has filed
objections to the Magistrate Judge’s PF&R. The Court is not required to review, under a de novo
or any other standard, the factual or legal conclusions of the Magistrate Judge as to those portions
of the findings or recommendation to which no objections are addressed. See Thomas v. Arn, 474
U.S. 140, 150 (1985). Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge. The Court GRANTS Defendant’s motion to dismiss
Plaintiff’s complaint [Docket 7] and DISMISSES this action from the Court’s docket.

The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
Stanley, counsel of record, and any unrepresented party.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

April 6, 2012

_________________________________________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE

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