Hollyfield v. Berryhill

Filing 20

MEMORANDUM OPINION AND ORDER the court adopts the 19 Proposed Findings and Recommendation of Magistrate Judge Eifert; plaintiff's 12 request for judgment on the pleadings is DENIED; defendant's 17 request to affirm the decision of the Commissioner is GRANTED; the final decision of the Commissioner is AFFIRMED; and the case is DISMISSED from the court's docket. Signed by Judge David A. Faber on 9/18/2018. (cc: counsel of record) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
BILL LESLIE HOLLYFIELD,
Plaintiff,
v.

CIVIL ACTION NO. 2:17-03859

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 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 Findings and Recommendation (“PF&R”) on August 24,
2018, in which she recommended that the court deny plaintiff’s
request for judgment on the pleadings, grant defendant’s request
to affirm the 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 request for judgment on the pleadings
is DENIED;

2.

Defendant’s request to affirm the decision of the
Commissioner is GRANTED;

3.

The final decision of the Commissioner is
AFFIRMED; and

4.

The case 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.
IT IS SO ORDERED this 18th of September, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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