Meador v. Berryhill

Filing 11

MEMORANDUM OPINION AND ORDER: Adopting the 10 Proposed Findings and Recommendation of the Magistrate Judge; dismissing the Plaintiff's 2 Complaint without prejudice and removing this action from the Court's docket. Signed by Judge Irene C. Berger on 6/24/2019. (cc: attys; any unrepresented party; Magistrate Judge Eifert) (btm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
ROBERT DOUGLAS MEADOR,
Plaintiff,
v.

CIVIL ACTION NO. 5:18-cv-00837

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

MEMORANDUM OPINION AND ORDER
By Standing Order (Document 3) entered on May 3, 2018, 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 April 29, 2019, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 10) wherein it is recommended that the Plaintiff’s complaint be
dismissed without prejudice, and that this matter be removed from the Court’s docket. Objections
to the Magistrate Judge’s Proposed Findings and Recommendation were due by May 16, 2019.
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, 1491

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 2) be DISMISSED
without prejudice 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

June 4, 2019