Thompson v. Colvin, No. 3:2015cv08259 - Document 13 (S.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 12 Proposed Findings and Recommendations by Magistrate Judge Tinsley; granting the Plaintiff's 8 Brief in Support of Motion for Judgment on the Pleadings to the extent Plaintiff s eeks remand; denying the 11 Brief in Support of Defendant's Decision; reversing the final decision of the Commissioner; remanding this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g); and dismissing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 9/20/2016. (cc: counsel of record; any unrepresented parties) (jsa)

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Thompson v. Colvin Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TOMMY RANDALL THOMPSON, Plaintiff, v. CIVIL ACTION NO. 3:15-8259 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant the Plaintiff’s Brief in Support of Motion for Judgment on the Pleadings (ECF No. 8) to the extent Plaintiff seeks remand, deny the Brief in Support of Defendant’s Decision (ECF No. 11), reverse the final decision of the Commissioner, remand this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and dismiss this matter from the Court’s docket. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS the Plaintiff’s Brief in Support of Motion for Judgment on the Pleadings (ECF No. 8) to the extent Plaintiff seeks remand, DENIES the Brief in Support of Dockets.Justia.com Defendant’s Decision (ECF No. 11), REVERSES the final decision of the Commissioner, REMANDS this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and DISMISSES this matter from the Court’s docket, consistent with the findings and recommendations. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: -2- September 20, 2016

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