Opinion
CIVIL ACTION NO. 1:09CV84.
January 6, 2010
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. § 636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on June 22, 2009, the Court referred this Social Security action to United States Magistrate Judge James E. Seibert with directions to submit proposed findings of fact and a recommendation for disposition.
On November 22, 1009, Magistrate Judge Seibert filed his Report and Recommendation ("R R"), and directed the parties, in accordance with 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 6(e), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the R R. He further advised the parties that failure to file objections would result in a waiver of their right to appeal from the judgment of this Court. The parties did not file any objections.
Upon consideration of the Magistrate Judge's recommendation, and having received no written objections, the Court accepts and approves the R R and ORDERS that Magistrate Judge Seibert's R R is accepted in whole and that this civil action be disposed of in accordance with the recommendation of the Magistrate. Accordingly,
Williams' failure to object to the Report and Recommendation not only waives her appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Wells v. Shriners Hospital, 109 F.3d 198, 199-200 (4th Cir. 1997); Thomas v. Arn, 474 U.S. 140, 148-153 (1985).
1. the Commissioner's motion for Summary Judgment (dkt. no. 11) is GRANTED;
2. the plaintiff's motion for Summary Judgment (dkt. no. 10) is DENIED; and
3. this civil action is DISMISSED WITH PREJUDICE and RETIRED from the docket of this Court.
Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of this Order to counsel of record.