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Ball v. Kijakazi

United States District Court, Southern District of West Virginia
Mar 23, 2022
Civil Action 2:21-cv-00027 (S.D.W. Va. Mar. 23, 2022)

Opinion

Civil Action 2:21-cv-00027

03-23-2022

HENRY HARRISON BALL, JR., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.


ORDER

JOSEPH R. GOODWIN UNITED STATES DISTRICT JUDGE

This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. [ECF No. 3]. On March 3, 2022, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations [ECF No. 14] (“PF&R”) and recommended that I deny Plaintiff's request to reverse or remand the Commissioner's decision [ECF No. 6], grant the Commissioner's request to affirm her decision [ECF No. 7], affirm the final decision of the Commissioner, and dismiss this action from the docket of the court. Neither party timely filed objections to the PF&R nor sought an extension of time.

A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, 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. Thomas v. Arn, 474 U.S. 140, 150 (1985).

Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. Claimant's request to reverse or remand the Commissioner's decision [ECF No. 12] is DENIED. The Commissioner's request to affirm her decision [ECF No. 13] is GRANTED, and the final decision of the Commissioner is AFFIRMED. This action is DISMISSED from the court's docket.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.


Summaries of

Ball v. Kijakazi

United States District Court, Southern District of West Virginia
Mar 23, 2022
Civil Action 2:21-cv-00027 (S.D.W. Va. Mar. 23, 2022)
Case details for

Ball v. Kijakazi

Case Details

Full title:HENRY HARRISON BALL, JR., Plaintiff, v. KILOLO KIJAKAZI, Acting…

Court:United States District Court, Southern District of West Virginia

Date published: Mar 23, 2022

Citations

Civil Action 2:21-cv-00027 (S.D.W. Va. Mar. 23, 2022)