Opinion
CIVIL ACTION NO. 5:18-cv-01488
06-04-2019
JOHNATHAN PALMER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order (Document 3) entered on December 4, 2018, 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 May 8, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 16) wherein it is recommended that the Plaintiff's brief/motion to remand (Document 14) be denied, the Defendant's brief/motion to affirm (Document 15) be granted, the final decision of the Commissioner be affirmed, and this matter be dismissed from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by May 28, 2019.
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 to remand (Document 14) be DENIED, the Defendant's brief/motion to affirm (Document 15) be GRANTED, the final decision of the Commissioner be AFFIRMED, and this matter 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: June 4, 2019
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA