Opinion
Civil Action 2:21-cv-00584
01-03-2023
GLEN SCOTT JENKINS, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner for the Social Security Administration, Defendant.
ORDER
THOMAS E. JOHNSTON, CHIEF JUDGE.
Pending before the Court are two motions: Plaintiff's Brief in Support of Judgment on the Pleadings, (ECF No. 6), and Defendant's Brief in Support of Judgment on the Pleadings, (ECF No. 7). By Standing Order entered in this case on November 2, 2021, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings and a recommendation for disposition (“PF&R”). (ECF No. 3.) Magistrate Judge Tinsley filed his PF&R on December 2, 2022, recommending that this Court deny Plaintiff's request to reverse the Commissioner's decision, grant the Commissioner's request to affirm her decision, and dismiss the action from the Court's docket. (ECF No. 8.)
This Court is not 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). Failure to file timely objections constitutes a waiver of de novo review. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a de novo review when a party “makes general and conclusory objections that do not direct the Court to a specific error in the magistrate's proposed findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982).
Objections to the PF&R were due on December 19, 2022. (ECF No. 8.) To date, no objections have been filed. This constitutes a waiver of de novo review and Petitioner's right to appeal this Court's order.
Accordingly, the Court ADOPTS the PF&R, (ECF No. 8). Plaintiff's request for judgment on the pleadings, (ECF No. 6), is DENIED. Further, the Commissioner's request to affirm her decision, (ECF No. 7), is GRANTED, and the decision is AFFIRMED. Therefore, this civil action is DISMISSED. The Clerk is DIRECTED to remove this action from the Court's active docket.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.