Opinion
CIVIL ACTION NO. 5:17-cv-01374
04-02-2019
JAMIE RAMSEY, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
On February 24, 2017, the Plaintiff filed her Complaint for Review of the Decisions of the Commissioner of Social Security (Document 2) in this matter. Subsequently filed, on August 9, 2018, was the Plaintiff's Brief in Support of Complaint and Motion for Remand (Document 19). By Standing Order (Document 4) entered on February 27, 2017, this action was referred to the Honorable Dwane L. Tinsley, 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 March 12, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 21) wherein it is recommended that the final decision of the Commissioner be affirmed, the Plaintiff's Brief in Support of Complaint and Motion for Remand be denied, and this matter be dismissed from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by March 29, 2019.
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, 149-50 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts 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 final decision of the Commissioner be AFFIRMED, the Plaintiff's Brief in Support of Complaint and Motion for Remand (Document 19) be DENIED, 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 Tinsley, counsel of record, and any unrepresented party.
ENTER: April 2, 2019
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA