Grant v. Commissioner of Social Security

Filing 17

ORDER ADOPTING MAGISTRATE JUDGE'S OPINION/REPORT AND RECOMMENDATION 16 . Granting 11 Motion for Summary Judgment filed by Shannon L. Grant; denying 13 Motion for Summary Judgment filed by Commissioner of Social Security. The Court REMANDS the case to the Commissioner and DISMISSES the case WITH PREJUDICE and RETIRES it from the docket of this Court. The Clerk of Court is directed to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 5/17/2011. (kd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

SHANNON L. GRANT,
Plaintiff,

v.

CIVIL ACTION NO. 1:10CV85
(Judge Keeley)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S
OPINION/REPORT AND RECOMMENDATION
Pursuant to 28 U.S.C. §636(b)(1)(B), Fed.R.Civ.P. 72(b) and
Local Court Rule 4.01(d), on May 28, 2010, the Court referred this
Social Security action to United States Magistrate Judge John S.
Kaull with directions to submit proposed findings of fact and a
recommendation for disposition.
On April 26, 2011, Magistrate Judge Kaull filed his Report and
Recommendation (“R&R”), and directed the parties, in accordance
with 28 U.S.C. §636(b)(1) and Fed.R.Civ.P. 6(e), to file any
written objections with the Clerk of Court within fourteen (14)
days after being served with a copy of the R&R. He further directed
the parties that failure to file objections would result in a
waiver of any right to appeal from the judgment of this Court.
parties did not file any objections.

The

GRANT V. COMMISSIONER OF SOCIAL SECURITY

1:10CV85

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Upon consideration of Magistrate Judge Kaull's recommendation
and having received no written objections,1 the Court ACCEPTS
Magistrate Judge Kaull's R&R in whole and ORDERS that this civil
action be disposed of in accordance with the recommendation of the
Magistrate Judge. Accordingly, the Court
1.

DENIES the defendant's
(Docket No. 13);

motion

for

Summary

Judgment

2.

GRANTS the plaintiff’s
(Docket No. 11);

motion

for

Summary

Judgment

3.

REMANDS the case to the Commissioner for consideration
pursuant to the recommendations contained in the
Magistrate Judge's R&R; and

4.

DISMISSES the case WITH PREJUDICE and RETIRES it from the
docket of this Court.

The Clerk of Court is directed to enter a separate judgment
order. Fed.R.Civ.P. 58. If a petition for fees pursuant to the
Equal Access to Justice Act (EAJA) is contemplated, the plaintiff
is warned that, as announced in Shalala v. Schaefer, 113 S.Ct. 2625
(1993), the time for such a petition expires ninety days

1

after

The failure to file objections to the Report and
Recommendation not only waives the parties’ appellate rights in
this matter, but also relieves the Court of any obligation to
conduct a de novo review of the issues presented. See Wells v.
Shriners Hospital, 109 F.3d 198, 199-200 (4th Cir. 1997); Thomas v.
Arn,474 U.S. 140,148-153 (1985).
2

GRANT V. COMMISSIONER OF SOCIAL SECURITY

1:10CV85

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION

entry of judgment. The Court directs the Clerk of Court to transmit
copies of this Order to counsel of record.
DATED: May 17, 2011.

/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

3