Chapman v. Colvin

Filing 9

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 8 Proposed Findings and Recommendation by Magistrate Judge VanDervort and GRANTS Defendant's 7 Motion to Remand Case to the Commissioner. For statistical purposes, the Clerk is directed to r emove the case from the court's active docket. Once defendant files an answer or other responsive pleading, the Clerk is directed to place the case on the court's active docket. Signed by Senior Judge David A. Faber on 1/8/2014. (certified cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JOSHUA THOMAS CHAPMAN,
Plaintiff,
v.

CIVIL ACTION NO. 1:13-06083

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge R. Clarke VanDervort for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge VanDervort submitted to

the court his Findings and Recommendation on September 3, 2013,
in which he recommended that the court grant defendant’s motion
to remand and remand the case to the Commissioner pursuant to the
sixth sentence of 42 U.S.C. § 405(g) for further proceedings as
outlined in defendant’s motion.
In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge VanDervort's
Findings and Recommendation.

The failure of any party to file

such objections within the time allowed constitutes a waiver of
such party's right to a de novo review by this court.

Snyder v.

Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Neither party filed any objections to the Magistrate
Judge's Findings and Recommendation within the seventeen-day

period.

Accordingly, the court adopts the Findings and

Recommendation of Magistrate Judge VanDervort as follows:
1.

Defendant’s motion to remand is GRANTED;

2.

The case is REMANDED to the Commissioner pursuant
to the sixth sentence of 42 U.S.C. § 405(g) for
further proceedings; and

3.

For statistical purposes, the Clerk is directed to
remove the case from the court’s active docket.
Once defendant files an answer or other responsive
pleading, the Clerk is directed to place the case
on the court’s active docket.

The Clerk is further directed to forward certified copies
to counsel of record.
IT IS SO ORDERED this 8th day of January, 2014.
ENTER:
David A. Faber
Senior United States District Judge

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