Wedmer v. Kijakazi, No. 2:2022cv00431 - Document 14 (E.D. Va. 2023)
Court Description: FINAL ORDER - The Court ADOPTS in full the findings and recommendations set for in the Report and Recommendation of the U.S. Magistrate Judge 13 . The final decision of the Commissioner is VACATED the case is REMANDED for further proceedings. Signed by Chief District Judge Mark S. Davis on 11/30/2023. (dbra, )
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Wedmer v. Kijakazi Doc. 14 UNITED STATES DISTRICT EASTERN DISTRICT OF COURT VIRGINIA Norfolk Division COURTNEY W.,^ Plaintiff, Civil V. No. 2;22cv431 KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. FINAL Courtney ("Plaintiff"), W. ORDER by counsel, brought this action seeking judicial review of the decision by the Commissioner of the Social Security Administration to deny her claim ("Commissioner") for disability benefits under the Social Security Act. 10. Pursuant to Rule 72(b) referred the provisions of 28 U.S.C. ยง 636(b) (1) (B) of the Federal Rules of Civil Procedure, to a United States Magistrate Judge ECF for No. and the matter was a Report and Recommendation. On October 26, Recommendation, VACATED, and 2023, the Magistrate Judge filed his Report and recommending that the further proceedings. and Recommendation, 1 The Committee Conference of on Court case ECF that be No. the Commissioner's decision be REMANDED 13, at 20. to the Commissioner By copy of the each party was advised of the right Administration and Case Management of the for Report to file Judicial the United States has recommended that federal courts use only the first name and last initial of any non-government parties in Social cases due to privacy concerns endemic to such cases. Security Dockets.Justia.com written objections to the findings and recommendations made by the ECF No. Magistrate Judge. 13, at No objections were filed by 21. either party and the time for filing objections has expired. Having finding reviewed no clear reasoning,^ error Court the the relevant in the hereby portions Magistrate ADOPTS in of the record Judge's full the and findings findings or and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed on October 26, 13 . and 2023. ECF No. Accordingly, the final decision of the Commissioner is VACATED the case is REMANDED for further proceedings consistent with the Magistrate Judge's directives in the Report and Recommendation. ECF No. 13, at 20. The Clerk is requested to forward a copy of this Final Order to all IT counsel IS SO of record. ORDERED. /s Mark S. Davis Chief United States District Judge Norfolk, Virginia November 30 , 2023 2 As no objections to the Report and Recommendation were filed, this Court must "only satisfy itself that there is no clear error on the face of the record in Diamond v. Colonial Life & Accident Ins. order to accept the recommendation. Co., 416 F.3d 310, 315 {4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee's note). 2
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