Peake v. Berryhill

Filing 21

MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 20 Proposed Findings and Recommendations, and ORDERS that Plaintiff's 15 request for judgme nt on the pleadings be DENIED; Defendant's 18 request for judgment on the pleadings be GRANTED; the final decision of the Commissioner be AFFIRMED, and this action be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 3/6/2018. (cc: USMJ Eifert; attys; any unrepresented party) (msa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION SCOTTIE RAY PEAKE, Plaintiff, v. CIVIL ACTION NO. 5:17-cv-01998 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 4) entered on March 27, 2017, 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. ยง 636(b)(1)(B). On February 8, 2018, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 20) wherein it is recommended that this Court deny the Plaintiff=s request for judgment on the pleadings, grant the Defendant=s request for judgment on the pleadings, 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 February 26, 2018. 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 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 request for judgment on the pleadings (Document 15) be DENIED, the Defendant=s request for judgment on the pleadings (Document 18) 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 Eifert, counsel of record, and any unrepresented party. ENTER: 2 March 6, 2018

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