St. Marie v. Commissioner of Social Security

Filing 21

ORDER ADOPTING THE MAGISTRATE JUDGE'S 20 REPORT AND RECOMMENDATION, REMANDING THE CASE, AND DISMISSING THE CASE FROM THIS COURTS ACTIVE DOCKET. GRANTS IN PART 11 Plaintiff's motion for Summary Judgment; DENIES IN PART 15 Defendant's motion for Summary Judgment. Signed by District Judge Irene M. Keeley on 8/13/2015. (Copy counsel of record)(jmm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARY JUNE ST. MARIE,
Plaintiff,
v.

CIVIL ACTION NO. 1:14CV175
(Judge Keeley)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING THE MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION, REMANDING THE CASE, AND
DISMISSING THE CASE FROM THIS COURT’S ACTIVE DOCKET
This case is pending for consideration of the Report and
Recommendation of United States Magistrate Judge James E. Seibert
(dkt. no. 20). For the reasons that follow, the Court adopts
Magistrate Judge Seibert’s Report and Recommendation, denies in
part the Commissioner’s motion for summary judgment (dkt. no. 15),
grants in part the defendant’s motion for summary judgment (dkt.
no. 11), remands the case for the limited purpose of evaluating the
proper weight to be afforded to the reports of Amy Hebb, Ph.D. and
Muhammad Salman, M.D., and dismisses this case from the active
docket of this Court.
Pursuant to 28 U.S.C. §636(b)(1), this Court is required to
make a de novo review of those portions of the magistrate judge’s
findings to which objection is made. However, the Court is not
required to review, under a de novo or any other standard, the
factual or legal conclusions of the magistrate judge as to those
portions of the findings or recommendation to which no objections

ST. MARIE V. COMM’R SOCIAL SECURITY

1:14CV175

ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION, REMANDING THE CASE, AND
DISMISSING THE CASE FROM THIS COURT’S ACTIVE DOCKET
are

addressed.

Thomas

v.

Arn,

474

U.S.

140,

150

(1985).

In

addition, failure to file objections constitutes a waiver of de
novo review and the right to appeal this Court’s Order. See U.S.C.
§ 636(b)(1); Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.
1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
In his R&R, the magistrate judge 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. Review of the docket sheet establishes that the magistrate
judge filed his R&R on June 30, 2015 (dkt.
reflects

that

the

parties

have

not

no. 20) and further

filed

any

objections.

Accordingly this Court will review the R&R for clear error.
Upon careful review, it is the opinion of this Court that the
Magistrate Judge’s Report and Recommendation (dkt. no. 20) should
be, and, is ADOPTED for the reasons more fully stated therein.
Accordingly, the Court
1.

DENIES IN PART the defendant’s
Judgment (dkt. no. 15);

motion

for

Summary

2.

GRANTS IN PART the plaintiff's
Judgment (dkt. no. 11);

motion

for

Summary

2

ST. MARIE V. COMM’R SOCIAL SECURITY

1:14CV175

ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION, REMANDING THE CASE, AND
DISMISSING THE CASE FROM THIS COURT’S ACTIVE DOCKET
3.

REMANDS this civil action to the Commissioner for further
action in accordance with the R&R; and

4.

DISMISSES this case from the active docket of this Court.

It is so ORDERED.
The Court directs the Clerk to transmit copies of this Order
to all counsel of record.
DATED: August 13, 2015
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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