Sherrie B. v. Frank Bisignano

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge’s PF&R in a Social Security action. The court denies the plaintiff’s request for judgment on the pleadings, grants the Commissioner’s request to affirm the decision, affirms the Commissioner’s decision, and dismisses the case after no objections were filed.

Holdings

1. The district court was not required to conduct de novo review of the factual or legal conclusions in the PF&R because Plaintiff filed no objections.
2. The court adopted the PF&R, affirmed the Commissioner's decision, dismissed the action, and removed it from the docket.
3. Plaintiff's request for judgment on the pleadings was denied.

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 PF&R should be adopted and the Commissioner's decision affirmed.
3. Whether Plaintiff's request for judgment on the pleadings should be denied.

Disposition

dismissed