Justin B. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of West Virginia adopted the magistrate judge’s proposed findings and recommendation in a Social Security disability-benefits action. The court denied the plaintiff’s request to reverse the Commissioner’s decision, granted the Commissioner’s request to affirm, affirmed the final decision, and dismissed the action.

Holdings

1. A district court is not required to conduct de novo or any other review of the factual or legal conclusions in portions of a magistrate judge's proposed findings and recommendation to which no timely objection is made.
2. The plaintiff's request to reverse the Commissioner's decision was denied, the Commissioner's request to affirm was granted, the Commissioner's final decision was affirmed, and the action was dismissed.

Questions Presented

1. Whether the district court was required to conduct de novo or other review of the magistrate judge's proposed findings and recommendation when neither party timely objected.
2. Whether the court should adopt the magistrate judge's recommendation, affirm the Commissioner's final decision, and dismiss the action.

Disposition

affirmed