Arthur v. Kijakazi
Arthur v. Kijakazi
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
LISA ANN ARTHUR
Plaintiff,
v. CIVIL ACTION NO. 2:20-cv-00532
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant.
ORDER
This action was referred to United States Magistrate Judge Dwayne L. Tinsley for submission of proposed findings of fact and recommendations for disposition by standing order entered on January 4, 2016, and filed in this case on August 11, 2020, pursuant to
28 U.S.C. § 636(b)(1)(B). On June 11, 2021, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations [ECF No. 16] (“PF&R”) and recommended that the court deny Claimant’s request to reverse the Commissioner’s decision [ECF No. 14], grant the Commissioner’s request to affirm his decision [ECF No. 15], affirm the final decision of the Commissioner, and dismiss this action from the Court’s docket. 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 Claimant’s request to reverse the Commissioner’s decision [ECF No. 14], GRANTS the Commissioner’s request to affirm his decision [ECF No. 15], AFFIRMS the final decision of the Commissioner, and DISMISSES this action from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: October 20, 2021 G ee STATES DISTRICT JUDGE
Reference
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