Short v. O'Malley

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

NOVA S., Plaintiff, v. CIVIL ACTION NO. 2:24-cv-00066 MARTIN J. O’MALLEY, Defendant.

ORDER This action was referred to United States Magistrate Judge Joseph K. Reeder for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. On November 12, 2024, Magistrate Judge Reeder submitted his Proposed Findings & Recommendations [ECF No. 9] (“PF&R”) and recommended that the court deny Plaintiff’s request for judgment on the pleadings; grant the Commissioner’s request for judgment on the pleadings; affirm the Commissioner’s decision; and dismiss this action. 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 DISMISSES without prejudice this matter from the docket.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

ENTER: December 2, 2024 Gs ia = ITED STATES DISTRICT JUDGE