Holbert v. Colvin, No. 2:2015cv11550 - Document 16 (S.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 15 Proposed Findings and Recommendation by Magistrate Judge; granting plaintiff's 10 request for judgment on the pleadings, to the extent that it requests remand of the Commissioner's decisi on; denying the Commissioner's 13 request for judgment on the pleadings; reversing the final decision of the Commissioner; remanding this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings; and dismissing this action from the Court's docket. Signed by Judge Thomas E. Johnston on 9/15/2016. (cc: counsel of record; any unrepresented party) (taq)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ANGELA DAWN HOLBERT, Plaintiff, v. CIVIL ACTION NO. 2:15-cv-11550 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff’s Complaint seeking judicial review of the decision of the Acting Commissioner of Social Security, Carolyn W. Colvin (“Commissioner”). (ECF No. 2.) On July 29, 2015, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of proposed findings and recommendations for disposition (“PF&R”). (ECF No. 4.) Magistrate Judge Eifert filed her PF&R, (ECF No. 15), on June 9, 2016, recommending that this Court reverse the final decision of the Commissioner and remand this matter pursuant to sentence four of 42 U.S.C. § 405(g). 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. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and a party’s right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). Objections to the PF&R in this case were due on June 27, 2016. To date, no objections have been filed. Accordingly, the Court ADOPTS the PF&R, (ECF No. 15), GRANTS Plaintiff’s request for judgment on the pleadings, (ECF No. 10), to the extent that it requests remand of the Commissioner’s decision, DENIES the Commissioner’s request for judgment on the pleadings, (ECF No. 13), 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, and DISMISSES this action from the Court’s docket. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: September 15, 2016

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