Stull v. Commissioner of Social Security

Filing 15

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: ORDERED that this civil action be disposed of in accordance with the recommendation of the magistrate judge. Accordingly, the Court DENIES the Commissioner's motion for Summary Judgment 11 ; GRANTS IN PART the plaintiff's motion for SummaryJudgment 9 ; REMANDS this action to the Commissioner for further consideration in accordance with the recommendation contained in the R&R; and DISMISSES WITH PREJUDICE and RETIRES this civil action from the docket of this Court. Signed by District Judge Irene M. Keeley on 5/29/14. (jss)

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

JAMES LEE STULL,
Plaintiff,
v.

CIVIL ACTION NO. 1:13CV211
(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 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 April 21, 2014, Magistrate Judge Kaull filed his Report and
Recommendation (“R&R”) (dkt. no. 14), and directed the parties, in
accordance with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ.
P., to file with the Clerk of Court any written objections 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 have not filed any objections and the time in

which to do so has expired.

STULL V. COMMISSIONER OF SOCIAL SECURITY

1:13CV211

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 and

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

DENIES the Commissioner's motion for Summary Judgment
(dkt. no. 11);

2.

GRANTS

IN

PART

the

plaintiff's

motion

for

Summary

Judgment (dkt. no.9);
3.

REMANDS this action to the Commissioner for further
consideration

in

accordance

with

the

recommendation

contained in the R&R; and
4.

DISMISSES WITH PREJUDICE and RETIRES this civil action
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. If a petition for fees pursuant to

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).
2

STULL V. COMMISSIONER OF SOCIAL SECURITY

1:13CV211

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
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
thereafter.
DATED: May 29, 2014.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

3