Black v. Kijakazi, No. 3:2020cv00621 - Document 17 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating Magistrate Judge Eifert's 16 Proposed Findings and Recommendations; GRANTING Plaintiffs 14 motion to the extent that it requests remand of the Commissioners decision; DENYING Defendants 15 request to affirm the decision of the Commissioner; and DISMISSING this action from the docket of the Court. Signed by Judge Robert C. Chambers on 9/17/2021. (cc: counsel of record and any unrepresented parties) (mkw)
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Black v. Kijakazi Doc. 17 Case 3:20-cv-00621 Document 17 Filed 09/17/21 Page 1 of 2 PageID #: 1251 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION VICTORIA ANN BLACK, Plaintiff, v. CIVIL ACTION NO. 3:20-0621 KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, 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 Plaintiff’s motion to the extent that it requests remand of the Commissioner’s decision (ECF No. 14); deny Defendant’s request to affirm the decision of the Commissioner (ECF No. 15); and dismiss this action from the docket of the Court. No objections to the Magistrate Judge’s findings and recommendations have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS Plaintiff’s motion to the extent that it requests remand of the Commissioner’s decision (ECF No. 14); DENIES Defendant’s request to affirm the decision of the Commissioner (ECF No. 15); and DISMISSES this action from the docket of the Court, consistent with the findings and recommendations. Dockets.Justia.com Case 3:20-cv-00621 Document 17 Filed 09/17/21 Page 2 of 2 PageID #: 1252 The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: September 17, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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