Smith v. Comm'r of Soc. Sec.

Full title: KENNETH EUGENE SMITH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

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

Date published: Oct 15, 2015

Civil Action No. 2:14-CV-84 (N.D.W. Va. Oct. 15, 2015)

Opinion

Civil Action No. 2:14-CV-84

10-15-2015

KENNETH EUGENE SMITH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

The Honorable John Preston Bailey

AMENDED ORDER ADOPTING REPORT AND RECOMMENDATIONS

On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Robert W. Trumble [Doc. 18]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed report and a recommendation ("R & R"). Magistrate Judge Trumble filed his R & R on September 24, 2015, wherein he recommends that the Defendant's Motion for Summary Judgment be granted, and Plaintiff's Motion for Summary Judgment be denied.

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. See 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 Trumble's R & R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The docket reflects that R & R was entered on September 24, 2015 [Doc. 18]. No objections have been filed. Accordingly, this Court will review the R&R for clear error.

Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 18] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Therefore, the Defendant's Motion for Summary Judgment [Doc. 14] is GRANTED, Plaintiff's Motion for Summary Judgment [Doc. 10] is DENIED. This Court further DIRECTS the Clerk to STRIKE this case from the active docket of this Court and enter judgment in this matter.

It is so ORDERED.

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

DATED: October 15, 2015.

/s/ _________

JOHN PRESTON BAILEY

UNITED STATES DISTRICT JUDGE