Hinkle v. Berryhill

Filing 14

MEMORANDUM OPINION AND ORDER adopting the 13 Proposed Findings and Recommendation by Magistrate Judge; Plaintiff's 10 Memorandum in Support of Judgment on the Pleadings is DENIED to the extent she seeks remand pursuant to sentence four o f 42 U.S.C. § 405(g); Defendant's 11 Brief in Support of the Commissioner's Decision is GRANTED; the final decision of the Commissioner is AFFIRMED; and the Clerk is directed to remove this case from the court's active docket. Signed by Judge David A. Faber on 9/19/2018. (cc: counsel of record) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
AMY SUE HINKLE
Plaintiff,
v.

CIVIL ACTION NO. 2:17-02807

NANCY A. BERRYHILL,
Acting 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 August
31, 2018, in which he recommended that the court deny the
plaintiff’s memorandum in support of judgment on the pleadings to
the extent plaintiff seeks remand pursuant to sentence four of 42
U.S.C. § 405(g); grant defendant’s brief in support of 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 Memorandum in Support of Judgment on
the Pleadings is DENIED to the extent she seeks
remand pursuant to sentence four of 42 U.S.C. §
405(g);

2.

Defendant’s Brief in Support of 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 19th of September, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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