Opinion
CIVIL CASE NO. 1:12-05447
03-24-2014
DERRIK ZACHERY HARTWELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge VanDervort submitted his Proposed Findings and Recommendation ("PF&R") to the court on March 4, 2014, in which he recommended that the district court deny plaintiff's motion for judgment on the pleadings, grant defendant's motion for judgment on the pleadings, affirm the final decision of the Commissioner, and dismiss this matter from the court's docket.
In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort's PF&R. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).
The parties failed to file any objections to the Magistrate Judge's PF&R within the seventeen-day period. Having reviewed the PF&R filed by Magistrate Judge VanDervort, the court adopts the findings and recommendation contained therein.
Accordingly, the court adopts the factual and legal analysis contained within the PF&R, DENIES plaintiff's motion for judgment on the pleadings (Doc. No. 14, GRANTS defendant's motion for judgment on the pleadings (Doc. No. 15), AFFIRMS the final decision of the Commissioner, and DIRECTS the Clerk to remove this matter from the court's docket.
The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to all counsel of record.
It is SO ORDERED this 24th day of March, 2014.
ENTER:
__________
David A. Faber
Senior United States District Judge