Miller v. Colvin
Filing
19
MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 18 Proposed Findings and Recommendation of Magistrate Judge Cheryl A. Eifert; GRANTS Plaintiff's 13 Motion for Summary Judgment to the extent that she requested the Court remand the matter t o the Commissioner; GRANTS Defendant's 17 Motion to Remand to the Commissioner of Social Security; REVERSES the decision of the Commissioner; REMANDS this action for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and DIRECTS the Clerk to remove this case from the Court's docket. Signed by Senior Judge David A. Faber on 8/20/2014. (cc: counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
DREAMA F. MILLER,
Plaintiff,
v.
CIVIL ACTION NO. 1:13-19083
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 Cheryl A. Eifert for submission of
findings and recommendations regarding disposition, pursuant to
28 U.S.C. § 636(b)(1)(B).
Magistrate Judge Eifert submitted her
Proposed Findings and Recommendation (“PF&R”) to the court on
July 29, 2014, in which she recommended that the district court
grant plaintiff’s motion for summary judgment (Doc. No. 13),
grant defendant’s motion to remand (Doc. No. 17), reverse the
decision of the Commissioner, remand this action for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g), and
remove this action from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days, plus three mailing
1
days, in which to file any objections to Magistrate Judge
Eifert’s PF&R.
The failure of any party to file such objections
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).
The parties failed to file any objections to the Magistrate
Judge’s PF&R within the seventeen-day period.
Having reviewed
the PF&R filed by Magistrate Judge Eifert, the court adopts the
findings and recommendation contained therein.
Accordingly, the court adopts the factual and legal
analysis contained within the PF&R, GRANTS plaintiff’s motion
for summary judgment (Doc. No. 13) to the extent that she
requested the court remand the matter to the Commissioner,
GRANTS defendant’s motion to remand (Doc. No. 17), REVERSES the
decision of the Commissioner, REMANDS this action for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g), and
DIRECTS the Clerk to remove this case from the court’s docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to all counsel of record.
It is SO ORDERED this 20th day of August, 2014.
ENTER:
David A. Faber
Senior United States District Judge
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