Opinion
CIVIL ACTION NO.: 1:16CV174
04-25-2017
DANIELLE H. JUNKINS, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
( ) ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Pending for consideration is the Report and Recommendation of United States Magistrate Judge James E. Seibert ("R&R") (dkt. no. 13), dated April 5, 2017. Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to undertake a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections to the R&R within fourteen days permits the review of the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties' right to de novo review is waived. See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985). To date, no objections have been filed. Accordingly, this Court reviews the R&R for clear error.
After careful review of the R&R and the record, the Court ADOPTS the Magistrate Judge's R&R (dkt. no. 13) for the reasons stated therein. Therefore, the Court
1. GRANTS the defendant's motion for summary judgment (dkt. no. 11);
2. DENIES the plaintiff's motion for summary judgment (dkt. no. 9); and
3. DISMISSES this civil action WITH PREJUDICE and ORDERS it STRICKEN from the active docket of this Court.
The Court directs the Clerk of Court to enter judgment in favor of the defendant.
It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order to all counsel of record. DATED: April 25, 2017.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE