Cline v. Colvin, No. 5:2014cv24083 - Document 15 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 14 Proposed Findings and Recommendation by the Magistrate Judge; the Court ORDERS that the 12 Plaintiff's Brief in Support of the Motion for Summary Judgment be DENIED, the 13 Defendant&# 039;s Brief in Support of Defendant's Decision be AFFIRMED, the final decision of the Commissioner be REVERSED, this case be REMANDED for further proceedings pursuant to the fourth sentence of 42 U.S.C. Section 405(g), and this matter be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 8/24/2015. (cc: Magistrate Judge Tinsley; attys; any unrepresented party) (slr)
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Cline v. Colvin Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION DEBORAH KAY CLINE, Plaintiff, v. CIVIL ACTION NO. 5:14-cv-24083 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order (Document 4) entered on July 31, 2014, 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 recommendation for disposition, pursuant to 28 U.S.C. ' 636(b)(1)(B). On August 3, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 14) wherein it is recommended that this Court deny the Plaintiff’s Brief in Support of the Motion for Summary Judgment (Document 12), affirm the Defendant’s Brief in Support of Defendant’s Decision (Document 13), 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. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by August 20, 2015, and none were filed by either party. The Court is not required to review, under 1 Dockets.Justia.com 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. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); see also Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts courts may adopt proposed findings and recommendations without explanation in the absence of objections). Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge. The Court ORDERS that the Plaintiff’s Brief in Support of the Motion for Summary Judgment (Document 12) be DENIED, the Defendant’s Brief in Support of Defendant’s Decision (Document 13) be AFFIRMED, the final decision of the Commissioner be REVERSED, this case be REMANDED for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and this matter be DISMISSED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Tinsley, counsel of record, and any unrepresented party. ENTER: 2 August 24, 2015
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