Kimble v. Bisignano

Aug 10, 2026

2:26-cv-00182

MEMORANDUM OPINION AND ORDER

Pending in this matter are the Plaintiff‘s Brief in Support of Complaint (Document 7) and the Defendant‘s Brief in Support of Defendant‘s Decision (Document 8). By Standing Order (Document 3) entered on March 10, 2026, 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 July 17, 2026, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 10) wherein it is recommended that this Court deny the Plaintiff‘s request for remand (Document 7), grant the Commissioner‘s request to affirm (Document 8), affirm the final decision of the Commissioner, and dismiss this matter from the Court‘s docket. Objections to the Magistrate Judge‘s Proposed Findings and Recommendation were due by July 31, 2026.

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 district 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 request for remand (Document 7) be DENIED, the Commissioner‘s request to affirm (Document 8) 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: August 10, 2026

IRENE C. BERGER

UNITED STATES DISTRICT JUDGE

SOUTHERN DISTRICT OF WEST VIRGINIA