Opinion
CIVIL ACTION NO. 2:20-cv-00476
04-14-2021
JUSTIN WAYNE ESTEP, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order (Document 4) entered on July 17, 2020, this action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On March 18, 2021, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 19) wherein it is recommended that this Court deny the Plaintiff's brief/motion for reversal or remand, grant the Defendant's brief/motion to affirm the final decision of the Commissioner, affirm the final decision of the Commissioner, and dismiss this action from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by April 5, 2021.
Neither party has timely filed objections to the Magistrate Judge's Proposed Findings and Recommendation. 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. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts courts may adopt proposed findings and recommendations without explanation in the absence of objections).
Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Plaintiff's brief/motion for reversal or remand (Document 17) be DENIED and that the Defendant's brief/motion to affirm the final decision of the Commissioner (Document 18) be GRANTED. The Court further ORDERS that the final decision of the Commissioner be AFFIRMED and that this action be DISMISSED from the Court's docket.
The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party.
ENTER: April 14, 2021
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA