Bates v. Commissioner Of Social Security

Filing 18

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 17 , REMANDING THE CASE PURSUANT TO SENTENCE FOUR OF 42 U.S.C.§ 405(G), AND DISMISSING THE CASE WITH PREJUDICE FROM THIS COURTS ACTIVE DOCKET; GRANTED-IN-PART re 12 Motion for Summary Judgment; DENIED re 14 Motion for Summary Judgment. This case is REMANDED to the Commissioner and civil action is DISMISSED WITH PREJUDICE and RETIRED from the docket of this Court. Signed by District Judge Irene M. Keeley on 3/7/2014. (Copy counsel of record via CM/ECF)(jmm)

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

TRENA MAY BATES,
Plaintiff,

v.

CIVIL ACTION NO. 1:13CV122
(Judge Keeley)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT
AND RECOMMENDATION, REMANDING THE CASE PURSUANT
TO SENTENCE FOUR OF 42 U.S.C.§ 405(G), AND DISMISSING
THE CASE WITH PREJUDICE FROM THIS COURT’S ACTIVE DOCKET
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 April 18, 2013,
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 February 4, 2014, Magistrate Judge Kaull filed his Report
and Recommendation (“R&R”)(dkt. no. 17), 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

BATES V. COMMISSIONER OF SOCIAL SECURITY

1:13CV122

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION, REMANDING THE CASE PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.§ 405(G), AND DISMISSING
THE CASE WITH PREJUDICE FROM THIS COURT’S ACTIVE DOCKET
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 received no written objections,1

the Court accepts and

approves the R&R and ORDERS that this civil action be disposed of
in accordance with the recommendation of the magistrate judge.
Accordingly,
1.

Bates’ motion for Summary Judgment (dkt. no. 12) is
GRANTED-IN-PART;

2.

The Commissioner’s motion for Summary Judgment (dkt. no.
14)is DENIED;

3.

The case is REMANDED to the Commissioner pursuant to
sentence four of 42 U.S.C. §§ 405(g)for consideration
pursuant to the recommendations contained in the R&R; and

4.

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

1

The parties’ failure to object to the Report and
Recommendation not only waives their 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).
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BATES V. COMMISSIONER OF SOCIAL SECURITY

1:13CV122

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION, REMANDING THE CASE PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.§ 405(G), AND DISMISSING
THE CASE WITH PREJUDICE FROM THIS COURT’S ACTIVE DOCKET
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: March 7, 2014
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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