Jones v. Saul
Filing
17
MEMORANDUM OPINION AND ORDER adopting the 16 Proposed Findings and Recommendation, denying Plaintiff's 13 Motion for Judgment on the Pleadings, granting Defendant's 15 Brief in Support of Defendant's Decision, affirming the final decision of the Commissioner, and dismissing this action from the Court's docket. Signed by Judge Irene C. Berger on 3/16/2021. (cc: Judge, Magistrate Judge Aboulhosn, counsel of record, any unrepresented party) (msa)
Case 2:20-cv-00437 Document 17 Filed 03/16/21 Page 1 of 2 PageID #: 768
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JOHNNIE L. JONES,
Plaintiff,
v.
CIVIL ACTION NO. 2:20-cv-00437
ANDREW SAUL,
Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order (Document 3) entered on June 30, 2020, this action was referred to the
Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of
proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. §
636(b)(1)(B). On February 23, 2021, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 16) wherein it is recommended that this Court deny the Plaintiff’s
Motion for Judgment on the Pleadings (Document 13), grant the Defendant’s Brief in Support of
Defendant’s Decision (Document 15), affirm the final decision of the Commissioner, and dismiss
this action from the Court’s docket. Objections to the Magistrate Judge’s Proposed Findings and
Recommendation were due by March 9, 2021.
Neither party has timely filed objections to the Magistrate Judge’s Proposed Findings and
Recommendation. The Court is not required to review, under a de novo or any other standard, the
1
Case 2:20-cv-00437 Document 17 Filed 03/16/21 Page 2 of 2 PageID #: 769
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, 14950 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts courts
may adopt proposed findings and recommendations without explanation in the absence of
objections).
Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge as contained in the Proposed Findings and
Recommendation, and ORDERS that the Plaintiff’s Motion for Judgment on the Pleadings
(Document 13) be DENIED, the Defendant’s Brief in Support of Defendant’s Decision (Document
15) be GRANTED, the final decision of the Commissioner be AFFIRMED, and this action be
DISMISSED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and
Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party.
ENTER:
2
March 16, 2021
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