Meadows v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 15 Proposed Findings and Recommendations by Magistrate Judge Dwane L. Tinsley; DENIES Plaintiff's 10 Brief in Support of the Complaint; DENIES Defendant's 13 Brief in Support of the C ommissioner's Decision; REVERSES the final decision of the Commissioner and REMANDS the case to the Commissioner for further proceedings. The Clerk is directed to remove this case from the Court's active docket. Signed by Senior Judge David A. Faber on 9/16/2014. (cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
BETTY SUE MEADOWS,
Plaintiff,
v.

CIVIL ACTION NO. 1:13-20611

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 Dwane L. Tinsley for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Tinsley submitted to the

court his Findings and Recommendation (“PF&R”) on August 29,
2014, in which he recommended that the court deny plaintiff’s
brief in support of the complaint, deny defendant’s brief in
support of defendant’s position, reverse the final decision of
the Commissioner, and remand the case to the Commissioner for
further proceedings as outlined in the PF&R.
In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge Tinsley's
Proposed 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 Recommendations within the required time
period.

Accordingly, the court adopts the Findings and

Recommendations of Magistrate Judge Tinsley as follows:
1.

Plaintiff’s brief in support of the Complaint is
DENIED;

2.

Defendant’s brief in support of the Commissioner’s
decision is DENIED;

3.

The final decision of the Commissioner is
REVERSED;

4.

The case is REMANDED to the Commissioner for
further proceedings as outlined in the Proposed
Findings and Recommendation; and

5.

This Clerk is directed to remove this case from
the court’s active docket.

The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED this 16th of September, 2014.
ENTER:
David A. Faber
Senior United States District Judge

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