Barber v. Colvin

District Court, S.D. West Virginia

Barber v. Colvin

Trial Court Opinion

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

CHARLESTON DIVISION

PAUL B.,

Plaintiff,

v. CIVIL ACTION NO. 2:24-cv-00330

CAROLYN W. COLVIN, 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 November 18, 2024, Magistrate Judge Aboulhosn submitted his Proposed Findings & Recommendation, [ECF No. 8], (“PF&R”) and recommended that the court DENY the plaintiff’s request for remand, [ECF No. 5], GRANT the defendant’s request to affirm the final decision, [ECF No. 6], AFFIRM the final decision of the Commissioner, and DISMISS this matter from the 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 accepts and incorporates herein the PF&R and orders judgment consistent therewith. The court DENIES the plaintiffs request for remand, [ECF No. 5], GRANTS the defendant’s request to affirm the final decision, [ECF No. 6], AFFIRMS the final decision of the Commissioner, and DISMISSES the case with prejudice, and DIRECTS this action to be removed from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: January 24, 2025

Ip G ew STATES DISTRICT JUDGE

Reference

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