Chandler v. Commissioner of Social Security
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NO. 1:15CV214
Acting Commissioner of
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.
CHANDLER V. COLVIN
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
Upon consideration of Magistrate Judge Aloi’s recommendation
Magistrate Judge Aloi’s R&R in whole and ORDERS that this civil
action be disposed of in accordance with the recommendation of the
the Commissioner's motion for Summary Judgment (dkt. no.
11) is DENIED;
the plaintiff's motion for Summary Judgment (dkt. no. 9)
the matter is REMANDED to the Commissioner for
consideration pursuant to the recommendations contained
in the magistrate judge’s Report and Recommendation; and
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
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).
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