Frances Louise Cabell v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s proposed findings and recommendation in a Social Security appeal. The court denies the plaintiff’s request to reverse the Commissioner’s decision, grants the Commissioner’s request to affirm, affirms the final decision, and dismisses the action after no objections were filed.

Holdings

1. The district court was not required to conduct de novo or other review of the magistrate judge's factual or legal conclusions because no objections were filed.
2. The court adopted the PF&R, denied Plaintiff's request for judgment on the pleadings insofar as it sought reversal, granted the Commissioner's request for judgment on the pleadings insofar as it sought affirmance, affirmed the Commissioner's final decision, and dismissed the action.

Questions Presented

1. Whether the district court was required to conduct de novo review of the magistrate judge's PF&R when no objections were filed.
2. Whether the court should adopt the PF&R, deny Plaintiff's request for judgment on the pleadings, affirm the Commissioner's final decision, and dismiss the action.

Disposition

dismissed