Summary
recommending affirmance of decision where claimant was "limited to work without specific production quotas or a rapid pace . . . On the basis of testimony of a [VE] taken at the administrative hearing, the ALJ concluded that claimant could perform jobs such as a . . . price marker, at the unskilled, light level of exertion"
Summary of this case from Batten v. ColvinOpinion
CIVIL ACTION NO. 2:13-cv-23194
03-12-2015
VICTORIA CLINE, et al., Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
Before the Court is Plaintiff's Complaint seeking review of the decision of the Acting Commissioner of Social Security, Carolyn W. Colvin ("Commissioner") [ECF 2]. By Standing Order entered April 8, 2013, and filed in this case on September 24, 2013, this action was referred to United States Magistrate R. Clarke VanDervort for submission of proposed findings and a recommendation ("PF&R"). Magistrate Judge VanDervort filed his PF&R [ECF 17] on February 19, 2015, recommending that this Court affirm the final decision of the Commissioner and dismiss this matter from the Court's docket.
The Court is not 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). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner's right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a 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, 687 F.2d 44, 47 (4th Cir. 1982). Objections to the PF&R were due on March 9, 2015. To date, no objections have been filed.
Accordingly, the Court ADOPTS the PF&R [ECF 17], DENIES Plaintiff's Motion for Judgment on the Pleadings [ECF 14], GRANTS Defendant's Motion for Judgment on the Pleadings [ECF 15], AFFIRMS the final decision of the Commissioner, and DISMISSES this matter from the Court's docket. A separate Judgment Order will enter this day implementing the rulings contained herein.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: March 12, 2015
/s/_________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE