Boggess v. Kijakazi

District Court, S.D. West Virginia

Boggess v. Kijakazi

Trial Court Opinion

CHARLESTON DIVISION

SHERRI ANN BOGGESS,

Plaintiff,

v. CIVIL ACTION NO. 2:21-cv-00287

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

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 December 19, 2021, Magistrate Judge Aboulhosn submitted his Proposed Findings & Recommendations [ECF No. 12] (“PF&R”) and recommended that the court DENY Plaintiff’s Motion for Judgment on the Pleadings [ECF No. 10], GRANT Defendant’s request to affirm the decision of the Commissioner [ECF No. 11]; AFFIRM the final decision of the Commissioner; and DISMISS this matter from this Court’s 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. Plaintiff's Motion for Judgment on the Pleadings [ECF No. 10] is DENIED. Defendant’s request to affirm the decision of the Commissioner [ECF No. 11] is GRANTED. I AFFIRM the final decision of the Commissioner and DISMISS this matter from this Court’s docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: February 11, 2022

pe STATES DISTRICT JUDGE

Reference

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