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Catron v. Kijakazi

United States District Court, Southern District of West Virginia
Jan 24, 2022
Civil Action 1:20-00576 (S.D.W. Va. Jan. 24, 2022)

Opinion

Civil Action 1:20-00576

01-24-2022

ANNA CATRON, Plaintiff, v. KILOLO KIJAKAZI, [1] Acting Commissioner of the Social Security Administration, Defendant.


MEMORANDUM OPINION AND ORDER

David A. Faber, Senior United States District Judge.

By Standing Order, this action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Aboulhosn submitted to the court his Proposed Findings and Recommendation (“PF&R”) on June 25, 2021, in which he recommended that the court deny plaintiff's request for reversal or remand (ECF No. 19); grant defendant's request to affirm the decision below (ECF No. 22); affirm defendant's final decision; and dismiss this matter from this court's docket. (ECF No. 23.) 1

In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days and three mailing days in which to file objections to the PF&R. The failure of any party to file such objections within the time allowed constitutes a waiver of such party's right to a de novo review by this court. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); Snyder v. Ridenour, 889 F.2d 1363, 1365-66 (4th Cir. 1989); see also 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” (emphasis added)).

Neither party filed objections to the PF&R within the required time period. Accordingly, the court adopts the PF&R as follows:

1. Plaintiff's request for reversal or remand (ECF No. 19) is DENIED;

2. Defendant's request to affirm the decision below (ECF No. 22) is GRANTED;

3. Defendant's final decision is AFFIRMED; and

4. The case is DISMISSED from the court's docket.

The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented parties. 2

IT IS SO ORDERED. 3


Summaries of

Catron v. Kijakazi

United States District Court, Southern District of West Virginia
Jan 24, 2022
Civil Action 1:20-00576 (S.D.W. Va. Jan. 24, 2022)
Case details for

Catron v. Kijakazi

Case Details

Full title:ANNA CATRON, Plaintiff, v. KILOLO KIJAKAZI, [1] Acting Commissioner of the…

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

Date published: Jan 24, 2022

Citations

Civil Action 1:20-00576 (S.D.W. Va. Jan. 24, 2022)

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