Ball v. Kijakazi
Ball v. Kijakazi
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
HENRY HARRISON BALL, JR.,
Plaintiff,
v. CIVIL ACTION NO. 2:21-cv-00027
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant.
ORDER
This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings of fact and recommendations for disposition pursuant to
28 U.S.C. § 636. [ECF No. 3]. On March 3, 2022, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations [ECF No. 14] (“PF&R”) and recommended that I deny Plaintiff’s request to reverse or remand the Commissioner’s decision [ECF No. 6], grant the Commissioner’s request to affirm her decision [ECF No. 7], affirm the final decision of the Commissioner, and dismiss this action from the docket of the court. 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. Claimant’s request to reverse or remand the Commissioner’s decision [ECF No. 12] is DENIED. The Commissioner’s request to affirm her decision [ECF No. 13] is GRANTED, and the final decision of the Commissioner is AFFIRMED. This action is DISMISSED from the court’s docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: March 238, 2022
Ip
ee STATES DISTRICT JUDGE
Reference
- Status
- Unknown