Long v. Commissioner of Social Security

Filing 29

ORDER ADOPTING MAGISTRATE JUDGE'S 27 OPINION/REPORT AND RECOMMENDATION; granting 24 Motion for Summary Judgment filed by Neil Gifford Long; denying 25 Motion for Summary Judgment filed by Commissioner of Social Security. The Court R EVERSES the decision of the Commissioner and REMANDS this civil action for an award of benefits; and DISMISSES this civil action and ORDERS it 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. Signed by District Judge Irene M. Keeley on 12/11/2014. (kd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
NEIL GIFFORD LONG,
Plaintiff,
v.

CIVIL ACTION NO. 1:14CV31
(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 February 24,
2014, the Court referred this Social Security action to United
States Magistrate Judge Robert W. Trumble with directions to submit
proposed findings of fact and a recommendation for disposition.
On November 6, 2014, Magistrate Judge Trumble 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
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
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

Trumble's

recommendation and having received no written objections,1
1

the

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

LONG V. COMMISSIONER OF SOCIAL SECURITY

1:14CV31

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Court accepts and approves the R&R and ORDERS this civil action
disposed of in accordance with the recommendation of the magistrate
judge.
1.

Accordingly, the Court
GRANTS the plaintiff's motion for Summary Judgment (dkt.
no. 24);

2.

DENIES the Commissioner's motion for Summary Judgment
(dkt. no. 25);

3.

REVERSES the decision of the Commissioner and REMANDS
this civil action for an award of benefits; and

4.

DISMISSES this civil action and ORDERS it 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: December 11, 2014.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

de novo review of the issues presented.
See Wells v. Shriners
th
Hospital, 109 F.3d 198, 199-200 (4 Cir. 1997); Thomas v. Arn,474
U.S. 140,148-153 (1985).
2