Anderson v. Commissioner of Social Security

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting 10 motion to remand. Signed by District Judge Debra M. Brown on 10/3/17. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
MARVIN KEITH ANDERSON

PLAINTIFF

V.

NO. 4:17-CV-40-DMB-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER
On July 31, 2017, United States Magistrate Judge Jane M. Virden issued a Report and
Recommendation recommending “that defendant’s motion [to remand] be granted and that this
case be remanded pursuant to sentence six.” Doc. #12. The Report and Recommendation
warned:
Objections [to the Report and Recommendation] are required to be in writing and
must be filed within fourteen (14) days of this date. Failure to timely file written
objections to the proposed findings, conclusions and recommendations contained
in this report will bar an aggrieved party, except upon grounds of plain error, from
attacking on appeal unobjected-to proposed factual findings and legal conclusions
accepted by the district court. Douglass v. United Services Automobile Ass’n, 79
F.3d 1415 (5th Cir. 1996).
Id. at 3.
To date, no objections to the Report and Recommendation have been filed. Accordingly,
this Court’s review of the Report and Recommendation is limited to plain error. Morales v.
Mosley, No. 3:13-cv-848, 2014 WL 5410326, at *2 (S.D. Miss. Oct. 22, 2014) (citing Shelby v.
City of El Paso, 577 F. App’x 327, 331 (5th Cir. 2014) (“When there has been no objection to a
report and recommendation, review is limited to plain error.”).
The Court has reviewed the Report and Recommendation and found no plain error.
Therefore:
1.

The Report and Recommendation [12] is ADOPTED as the order of the Court.

2.

The defendant’s motion to remand [10] is GRANTED; and

3.

This case is REMANDED to the Commissioner of Social Security for further
administrative action pursuant to sentence six of section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g).

SO ORDERED, this 3rd day of October, 2017.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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