Opinion
CIVIL ACTION NO. 1:11cv76
02-06-2012
JAMES P. COGAR, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
(Judge Keeley )
ORDER ADOPTING MAGISTRATE JUDGE'S
OPINION/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 May 12, 2011, the Court referred this Social Security action to United States Magistrate Judge John S. Kaull with directions to submit proposed findings of fact and a recommendation for disposition.
On December 6, 2011, Magistrate Judge Kaull filed his Report and Recommendation ("R&R"), and directed the parties, in accordance with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ. P., to file any written objections with the Clerk of Court within fourteen (14) days after being served with a copy of the R&R. He further directed the parties that failure to file objections would result in a waiver of the right to appeal from the judgment of this Court. The parties did not file any objections.
Upon consideration of Magistrate Judge Kaull's recommendation and having received no written objections, the Court accepts and approves the R&R in whole and ORDERS that this civil action be disposed of in accordance with the recommendation of the magistrate judge. Accordingly,
Cogar's failure to object to the Report and Recommendation not only waives his 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. 16) is GRANTED;
2. the plaintiff's motion for Summary Judgment (dkt. no. 13) 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.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE