UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY

TAMMY TUCKER, Plaintiff, v. CIVIL ACTION NO. 5:21-CV-00148 KILILI KIJAKAZI, Commissioner of Social Security,

Defendant.

ORDER

Pending are Plaintiff’s request to remand, filed on July 30, 2021, [Doc. 10], and Defendant’s request to affirm the decision of the Commissioner, filed on October 26, 2021 [Doc. 15]. This action was previously referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Aboulhosn filed his PF&R on November 10, 2021. Magistrate Judge Aboulhosn recommended the Court deny Plaintiff’s request to remand; grant Defendant’s request to affirm the decision of the Commissioner; affirm the final decision of the Commissioner; and dismiss this matter from the Court’s docket. The Court need not 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,

(1985); see also

(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” (emphasis added)). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner’s right to appeal the Court’s order. See

(b)(1); see also United States v. De Leon- Ramirez,

(4th Cir. 2019) (Parties may not typically “appeal a magistrate judge’s findings that were not objected to below, as § 636(b) doesn’t require de novo review absent objection.”); Snyder v. Ridenour,

(4th Cir. 1989). Further, the Court need not conduct de novo review when a party “makes general and conclusory objections that do not direct the Court to a specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson,

(4th Cir. 1982). If the PF&R was delivered by mail, objections in this case were due on November 29, 2021. No objections were received. Accordingly, the Court ADOPTS the PF&R [Doc. 16], DENIES Plaintiffs request for remand [Doc. 10]; GRANTS Defendant’s request to affirm the decision of the Commissioner [Doc. 15]; AFFIRMS the final decision of the Commissioner; and DISMISSES the matter. The Court directs the Clerk to transmit a copy of this Order to any counsel of record and any unrepresented party. ENTER: December 21, 2021 @ Ge ny Frank W. Volk “iano” United States District Judge