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Hunt v. Kijakazi

United States District Court, Southern District of West Virginia
Jul 13, 2022
Civil Action 1:21-00265 (S.D.W. Va. Jul. 13, 2022)

Summary

distinguishing Shank

Summary of this case from Carla D. v. O'Malley

Opinion

Civil Action 1:21-00265

07-13-2022

SHEENA FAWN HUNT, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.


MEMORANDUM OPINION AND ORDER

DAVID A. FABER SENIOR, DISTRICT JUDGE

By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Proposed Findings and Recommendation (“PF&R”) on December 9, 2021, in which she recommended that the court deny plaintiff's request for judgment on the pleadings; grant defendant's request for judgment on the pleadings; affirm the final decision of the Commissioner; dismiss this case; and remove this matter from the court's docket.

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 any objections to Magistrate Judge Eifert's Proposed Findings and Recommendation. 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. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).

Neither party filed any objections to the Magistrate Judge's Findings and Recommendations within the required time period. Accordingly, the court adopts the Findings and Recommendations of Magistrate Judge Eifert as follows:

1. Plaintiff's request for judgment on the pleadings is DENIED;
2. Defendant's request for judgment on the pleadings is GRANTED;
3. The final decision of the Commissioner is AFFIRMED;
4. This matter is DISMISSED; and
5. The Clerk is directed to remove this case from the court's docket.

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

IT IS SO ORDERED


Summaries of

Hunt v. Kijakazi

United States District Court, Southern District of West Virginia
Jul 13, 2022
Civil Action 1:21-00265 (S.D.W. Va. Jul. 13, 2022)

distinguishing Shank

Summary of this case from Carla D. v. O'Malley
Case details for

Hunt v. Kijakazi

Case Details

Full title:SHEENA FAWN HUNT, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of…

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

Date published: Jul 13, 2022

Citations

Civil Action 1:21-00265 (S.D.W. Va. Jul. 13, 2022)

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