Polly v. Comm'r of Soc. Sec.

Full title: ELAINE POLLY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ELKINS

Date published: Jun 20, 2014

CIVIL ACTION NO. 2:13-CV-85 (BAILEY) (N.D.W. Va. Jun. 20, 2014)

Opinion

CIVIL ACTION NO. 2:13-CV-85 (BAILEY)

06-20-2014

ELAINE POLLY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

JOHN PRESTON BAILEY

ORDER ADOPTING REPORT AND RECOMMENDATION

On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge John S. Kaull. By Local Rule, this action was referred to Magistrate Judge Kaull for submission of a proposed report and a recommendation ("R&R"). Magistrate Judge Kaull filed his R&R [Doc. 16] on June 2, 2014. In that filing, the magistrate judge recommended that this Court deny plaintiff's Motion for Summary Judgment [Doc. 11], grant defendant's Motion for Summary Judgment [Doc. 13], and dismiss this matter from the active docket of this Court.

Pursuant to 28 U.S.C. § 636(b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, 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. Thomas v. Arn, 474 U.S. 140, 150 (1985). In addition, failure to file timely objections constitutes a waiver of de novo review and the right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Kaull's R&R were due by June 19, 2014. To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error.

Upon careful review, it is the opinion of this Court that the magistrate judge's Report and Recommendation [Doc. 16] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated therein. As such, Plaintiff's Motion for Summary Judgment [Doc. 11] is hereby DENIED, and Defendant's Motion for Summary Judgment [Doc. 13] is hereby GRANTED. Consequently, the decision of the ALJ is AFFIRMED, and this matter is ORDERED STRICKEN from the active docket of this Court.

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to counsel of record herein.

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JOHN PRESTON BAILEY

CHIEF UNITED STATES DISTRICT JUDGE