Opinion
Civil Action 2:24-cv-00093
07-18-2024
LISA C., Plaintiff v. MARTIN J. O'MALLEY, Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
IRENE C. BERGER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA
By Standing Order (Document 2) entered on February 28, 2024, this action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On July 2, 2024, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 8) wherein it is recommended that this Court deny the Plaintiff's request for an award of benefits or remand (Document 5), grant the Defendant's request to affirm the final decision of the Commissioner (Document 6), affirm the final decision of the Commission, and dismiss this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by July 16, 2024.
Neither party has timely filed objections to the Magistrate Judge's Proposed Findings and Recommendation. The 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. See Thomas v. Arn, 474 U.S. 140, 14950 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that district courts may adopt proposed findings and recommendations without explanation in the absence of objections).
Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff's request for an award of benefits or remand (Document 5) be DENIED, the Defendant's request to affirm the final decision of the Commissioner (Document 6) be GRANTED, the final decision of the Commission be AFFIRMED, and this matter be DISMISSED from the Court's docket.
The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party.