Sheets v. Commissioner of Social Security

Filing 20

Order Adopting Magistrate Judge's Opinion/Report and Recommendation. The Court adopts the Magistrate Judge's 19 Report and Recommendations; denies the Commissioner's 14 Motion for Summary Judgment; Grants-in-part the Plaintiff 9;s 10 Motion for Summary Judgment; Remands this action to the Commissioner for further proceedings consistent with the R&R; and Dismisses this civil action with prejudice, and retires it from the docket of this Court. The Clerk is directed to enter a separate judgment order in this matter. Signed by District Judge Irene M. Keeley on 4/23/12. (mh)

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

ANNA F. SHEETS,
Plaintiff,

v.

CIVIL ACTION NO. 1:11cv148
(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), Rule 72(b), Federal Rules
of Civil Procedure and Local Court Rule 4.01(d), on September 22,
2011, 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 March 30, 2012, Magistrate Judge Kaull filed his Report and
Recommendation (“R&R”), in accordance with 28 U.S.C. §636(b)(1) and
Fed. R. Civ. P. 6(e), which directed the parties 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

SHEETS V. COMMISSIONER OF SOCIAL SECURITY

1:11CV148

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
waiver of the right to appeal from the judgment of this Court.

The

parties have not filed any objections.
Upon consideration of Magistrate Judge Kaull's recommendation
and having received no written objections,1 the Court accepts and
approves the R&R in its entirety and ORDERS that this civil action
be disposed of in accordance with the recommendation of the
magistrate judge. Accordingly, it
1.

DENIES the Commissioner's motion for Summary Judgment
(dkt. no. 14);

2.

GRANTS-IN-PART

the

plaintiff's

motion

for

Summary

Judgment (dkt. no. 10);
3.

REMANDS this action to the Commissioner for further
proceedings consistent with the R&R; and

4.

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

1

Sheets’s
failure
to
object
to
the
Report
and
Recommendation not only waives his 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

SHEETS V. COMMISSIONER OF SOCIAL SECURITY

1:11CV148

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of
Court to enter a separate judgment order and to transmit copies of
this Order to counsel of record.
DATED: April 23, 2012.

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

3