Michael v. Astrue, No. 1:2008cv01189 - Document 18 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND JUDGMENT ORDER ADOPTING the 17 Findings and Recommendation of Magistrate Judge VanDervort and orders as follows: GRANTING 12 Plaintiff's Motion for Judgment on the Pleadings; DENYING 15 Defendant's Motion for Ju dgment on the Pleadings; REVERSING final decision of Commissioner and REMANDING this case to the Commissioner pursuant to the fourth sentence of 42 U.S.C. Section 405(g) for further proceedings as outlined in the Proposed Findings and Recommendation and REMOVING this case from the court's active docket. Signed by Judge David A. Faber on 2/24/2010. (cc: counsel of record) (mjp) (Modified on 2/25/2010 to clarify text) (mkw).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DANIEL C. MICHAEL, Plaintiff, v. CIVIL ACTION NO. 1:08-01189 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND JUDGMENT ORDER By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on February 1, 2010, in which he recommended that the court grant the plaintiff s motion for judgment on the pleadings, deny defendant s motion for judgment on the pleadings, reverse the final decision of the Commissioner, and remand the case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted fourteen days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort s Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Snyder v. No objections were filed in the requisite time period. Accordingly, the court adopts the Findings and Recommendation of Magistrate Judge VanDervort and orders as follows: 1. Plaintiff s Motion for Judgment on the Pleadings is GRANTED; 2. Defendant s Motion for Judgment on the Pleadings is DENIED 3. The final decision of the Commissioner is REVERSED; 4. The case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings as outlined in the Proposed Findings and Recommendation; and 5. This Clerk is directed to remove this case from the court s active docket. The Clerk is further directed to forward copies of this Memorandum Opinion and Order to counsel of record. IT IS SO ORDERED this 24th day of February, 2010. ENTER: David A. Faber Senior United States District Judge 2
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