Graley v. Berryhill
Graley v. Berryhill
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
LISA MARIE GRALEY
Plaintiff,
v. CIVIL ACTION NO. 2:18-cv-01124
NANCY A. BERRYHILL
Defendant.
ORDER
This action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings of fact and recommendations for disposition pursuant to
28 U.S.C. § 636. On February 13, 2019, Judge Aboulhosn submitted his Proposed Findings & Recommendations [ECF No. 17] (“PF&R”) and recommended that the court deny the plaintiff’s request for judgment on the pleadings [ECF No. 13], grant the defendant’s request for judgment on the pleadings [ECF No. 16], affirm the final decision of the Commissioner, and dismiss this matter from the docket. Neither party timely filed objections to the PF&R nor sought an extension of time. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”
28 U.S.C. § 636(b)(1)(C). This court is not, however, 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). Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court DENIES the plaintiffs request for judgment on the pleadings [ECF No. 13], GRANTS the defendant’s request for judgment on the pleadings [ECF No. 16], AFFIRMS the final decision of the Commissioner, and DISMISSES this matter from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record, any unrepresented party, and the Magistrate Judge. ENTER: March 5, 2019
ee STATES DISTRICT JUDGE
Reference
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