Chandler v. Commissioner of Social Security

Filing 14

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The Court adopts the Magistrate Judge's 13 Report and Recommendation; grants the Plaintiff's 9 Motion for Summary Judgment; denies the Defendant's 11 Motion for Summary Judgment; remands to the Commissioner for consideration pursuant to the recommendations contained in the Report and Recommendation. Further, this civil action is dismissed, with prejudice, and retired from the docket of this Court. The Clerk is directed to enter a separate judgment order in this matter. Signed by District Judge Irene M. Keeley on 2/16/17. (mh)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA CAROLYN CHANDLER, Plaintiff, v. CIVIL ACTION NO. 1:15CV214 (Judge Keeley) CAROLYN COLVIN, Acting 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 November 16, 2015, this Court referred this case to United States Magistrate Judge Michael J. Aloi with directions to submit proposed findings of fact and a recommendation for disposition. On January 31, 2017, Magistrate Judge Aloi 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. parties did not file any objections. The CHANDLER V. COLVIN 1:15CV214 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Upon consideration of Magistrate Judge Aloi’s recommendation and having received no written objections,1 the Court ADOPTS Magistrate Judge Aloi’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. 11) is DENIED; 2. the plaintiff's motion for Summary Judgment (dkt. no. 9) 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: February 16, 2017. /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE 1 The failure of the parties 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

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