Springer v. Commissioner of Social Security

Filing 15

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: It is ORDERED that Plaintiff's 9 Motion for Summary Judgment is GRANTED, the Commissioner's 11 Motion for Summary Judgment is DENIED; the decision of the Commissioner is VACATED and this civil action is REMANDED for review and resolution consistent with the directives contained in the R&R. This civil action is DISMISSED and STRICKEN from the docket of this Court. The Clerk is DIRECTED to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 8/10/17. (cnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
CORA JANE SPRINGER,
Plaintiff,
v.

CIVIL ACTION NO. 1:16-CV-150
(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 July 6, 2016,
the Court referred this Social Security action to United States
Magistrate Judge Michael J. Aloi with directions to submit proposed
findings of fact and a recommendation for disposition.
On July 25, 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
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 Aloi’s recommendation
and having received no written objections,1
1

the Court accepts and

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

SPRINGER V. COMMISSIONER OF SOCIAL SECURITY

1:16CV150

ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
approves the R&R and ORDERS this civil action disposed of in
accordance

with

the

recommendation

of

the

magistrate

judge.

Accordingly, the Court
1.

GRANTS the plaintiff’s motion for Summary Judgment (dkt.
no. 9);

2.

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

3.

VACATES the decision of the Commissioner and REMANDS this
civil action for review and resolution consistent with
the directives contained in the R&R; and

4.

DISMISSES this civil action and ORDERS it STRICKEN 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: August 10, 2017.
/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