Bosley v. Commissioner of Social Security

Filing 34

ORDER Adopting Magistrate Judge's Report and Recommendation. The Plaintiff's 24 Motion for Summary Judgment is granted; the Commissioner's 30 Motion for Summary Judgment is denied. The matter is remanded to the Commissioner for c onsideration pursuant to the recommendations contained in the magistrate judge's report and recommendation. This civil action is dismissed with prejudice and retired from the docket of this Cout. The Court directs the Clerk of Court to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 8/28/12. (mh)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
ANTHONY BOSLEY,
Plaintiff,
v.

CIVIL ACTION NO. 1:11CV168
(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 October 17,
2011, this Court referred this case to United States Magistrate
Judge John S. Kaull with directions to submit proposed findings of
fact and a recommendation for disposition.
On July 27, 2012, 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 Rule 6(e), Fed. R. Civ. P., 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 the right to appeal from the judgment of this Court.

The

parties did not file any objections.
Upon consideration of Magistrate Judge Kaull's recommendation
and

having

1

received

no

written

objections,1

the

Court

ADOPTS

The failure of the parties to object to the Report and
Recommendation not only waives their appellate rights in this

BOSLEY V. COMMISSIONER OF SOCIAL SECURITY

1:11CV168

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
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.

Accordingly,

1.

the Commissioner's motion for Summary Judgment (dkt. no.
30) is DENIED;

2.

the plaintiff's motion for Summary Judgment (dkt. no. 24)
is GRANTED;

3.

the matter is REMANDED to the Commissioner for
consideration pursuant to the recommendations contained
in the magistrate judge's Report and Recommendation; and

4.

this civil action is DISMISSED WITH PREJUDICE and RETIRED
from the docket of this Court.

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: August 28, 2012.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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