Shick v. Colvin, No. 1:2015cv12734 - Document 12 (S.D.W. Va. 2016)
Court Description: MEMORANDUM OPINION AND ORDER: The court ADOPTS the 11 Proposed Findings and Recommendation by Magistrate Judge Dwane L. Tinsley, REVERSES the final decision of the Commissioner, REMANDS this matter for further administrative proceedings for further consideration of Claimant's impairments, and directs the Clerk to dismiss this matter from the court's active docket. Signed by Senior Judge David A. Faber on 9/21/2016. (cc: counsel of record) (arb)
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Shick v. Colvin Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LEANN MARY SHICK, Plaintiff, v. CIVIL ACTION NO. 1:15-12734 CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Findings and Recommendation (“PF&R”) on August 29, 2016, in which he recommended that the District Court reverse the final decision of the Commissioner, remand this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings for further consideration of Claimant’s impairments, and dismiss this matter from the Court’s docket. In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge Tinsley’s Findings and Recommendation. The failure of any party Dockets.Justia.com to file such objections constitutes a waiver of such party’s right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). The parties failed to file any objections to the Magistrate Judge’s Findings and Recommendation within the seventeen-day period. Having reviewed the Findings and Recommendation filed by Magistrate Judge Tinsley, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby REVERSES the final decision of the Commissioner, REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings for further consideration of Claimant’s impairments, and directs the Clerk to dismiss this matter from the court’s active docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record. IT IS SO ORDERED this 21st day of September, 2016. ENTER: David A. Faber Senior United States District Judge
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