Stover v. Berryhill

Filing 12

MEMORANDUM OPINION AND ORDER: Adopting the 11 Proposed Findings and Recommendation of the Magistrate Judge; dismissing the Plaintiff's 2 Complaint without prejudice for failure to prosecute; removing this matter from the Court's docket. Signed by Judge Irene C. Berger on 7/17/2018. (cc: Magistrate Judge Tinsley; attys; any unrepresented party) (btm)

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

MATTHEW STEPHEN STOVER,
Plaintiff,
v.

CIVIL ACTION NO. 5:17-cv-02642

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

MEMORANDUM OPINION AND ORDER

On May 1, 2017, the Plaintiff filed his Complaint (Document 2) in this matter seeking
review of the final decision of the Commission of Social Security denying the Plaintiff’s
application for benefits. By Standing Order (Document 3) entered on May 3, 2017, the 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). Subsequently, by Order (Document 8) entered on May 15, 2017, the
referral was transferred to the Honorable Dwane L. Tinsley, United States Magistrate Judge.
On June 27, 2018, Magistrate Tinsley Judge submitted a Proposed Findings and
Recommendation (Document 11) wherein it is recommended that the Plaintiff=s Complaint
(Document 2) be dismissed without prejudice for failure to prosecute, and that this matter be

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removed from the Court’s docket. Objections to the Magistrate Judge=s Proposed Findings and
Recommendation were due by July 16, 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 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 Complaint (Document 2) be DISMISSED
without prejudice for failure to prosecute, and that this matter 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 Tinsley, counsel of record, and any unrepresented party.
ENTER:

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July 17, 2018