Irvin v. Commissioner of Social Security

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATION. The Plaintiff's Motion for Summary Judgment 16 is GRANTED and the Defendant's Motion for Summary Judgment 18 is DENIED. Further, this matter is hereby REMANDED to the Commissioner for further fact finding with regard to the new and material evidence outlined in the Report and Recommendation. Signed by Chief Judge John Preston Bailey on 8/5/2014. (copy to counsel of record via CM/ECF) (nmm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
ELKINS

LEATHA C. IRVIN,
Plaintiff,
v.

Civil Action No. 2:13-CV-52
(Judge Bailey)

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before this Court for consideration of the
Report and Recommendation of United States Magistrate Judge Robert W. Trumble [Doc.
22] dated July 16, 2014, to which neither party filed objections. Pursuant to 28 U.S.C.
§ 636(b)(1)(C), 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, failure to file objections
to the magistrate judge’s proposed findings and recommendation permits the District Court
to review the recommendation under the standards that the District Court believes are
appropriate, and under these circumstances, the parties’ right to de novo review is waived.
See Webb v. Califano, 468 F. Supp. 825 (E.D. Cal. 1979). Because the plaintiff is
represented by counsel, service was accepted on the date the R&R was filed, July 16,
2014. To date, no objections have been filed; accordingly, this Court will review the R&R
for clear error.
Upon review of the above, it is the opinion of this Court that the Report and
Recommendation [Doc. 22] should be, and is, hereby ORDERED ADOPTED for the

reasons more fully stated therein.

Accordingly, the Plaintiff’s Motion for Summary

Judgment [Doc. 16] is GRANTED and the Defendant’s Motion for Summary Judgment
[Doc. 18] is DENIED. Further, this matter is hereby REMANDED to the Commissioner for
further fact finding with regard to the new and material evidence outlined in the Report and
Recommendation.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record.
DATED: August 5, 2014.