Jordan v. Colvin

Filing 11

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 10 Proposed Findings and Recommendation by Magistrate Judge, and ORDERS that the Plaintiff's 1 Complaint be DISMISSED pursuant to Federal Rule of Civil Procedure 41(b) and L.R. Civ. P. 41.1, and that this action be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 12/1/2014. (cc: Magistrate Judge Eifert; attys; any unrepresented party) (slr)

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

CHIVON N. JORDAN,
Plaintiff,
v.

CIVIL ACTION NO. 5:13-cv-29832

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

MEMORANDUM OPINION AND ORDER

By Standing Order (Document 3) entered on December 1, 2013, this action was referred to
the Honorable Cheryl A. Eifert, 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 November 7, 2014, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 10) wherein it is recommended that this Court dismiss the Plaintiff=s
complaint pursuant to Federal Rule of Civil Procedure 41(b) and L. R. Civ. P. 41.1, and remove
this action from the Court=s docket. Objections to the Magistrate Judge=s Proposed Findings and
Recommendation were due by November 24, 2014.
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
factual or legal conclusions of the magistrate judge as to those portions of the findings or
1

recommendation to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149-50
(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 complaint (Document 1) be DISMISSED
pursuant to Federal Rule of Civil Procedure 41(b) and L. R. Civ. P. 41.1, and that this action be
REMOVED from the Court=s docket.
The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and
Order to Magistrate Judge Eifert, counsel of record, and any unrepresented party.
ENTER:

2

December 1, 2014