Gragg v. Commissioner of Social Security
Filing
15
ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Chief Judge Gina M. Groh on 06/26/2018. (cwm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG
CHERYL ANN GRAGG,
Plaintiff,
v.
CIVIL ACTION NO.: 3:17-CV-110
(GROH)
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 (“R&R”) of United States Magistrate Judge Michael
John Aloi [ECF No. 14], entered on June 4, 2018, 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 R&R to which objection is made. However, failure to file
objections permits the district court to review the R&R under the standard that it believes
to be appropriate, and under these circumstances, the parties’ right to de novo review is
waived. See Webb v. Califano, 468 F. Supp. 825, 830-31 (E.D. Cal. 1979).
Pursuant to Magistrate Judge Aloi’s R&R, as well as 28 U.S.C. § 636(b)(1)(C) and
Federal Rule of Civil Procedure 6, objections were due within fourteen plus three days
after entry of the R&R. Because no objections have been filed, this Court will review the
R&R for clear error.
Upon review and consideration, is the opinion of the Court that Magistrate Judge
Aloi’s Report and Recommendation [ECF No. 14] should be, and is, hereby ORDERED
ADOPTED. For the reasons more fully stated in the Report and Recommendation, this
Court ORDERS that the Plaintiff’s Motion for Judgment on the Pleadings [ECF No. 9] is
GRANTED and the Defendant’s Motion for Summary Judgment [ECF No. 11] is DENIED.
The Court further ORDERS that this matter be REMANDED for further action in
accordance with the R&R.
Pursuant to Federal Rule of Civil Procedure 58, the Clerk is DIRECTED to enter a
separate order of judgment in favor of the Plaintiff. The Clerk is further DIRECTED to
transmit copies of this Order to all counsel of record herein.
It is so ORDERED.
DATED: June 26, 2018
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?