Meadows v. Colvin

Filing 17

MEMORANDUM OPINION AND ORDER adopting the 16 Proposed Findings and Recommendation of Magistrate Judge Cheryl A. Eifert; denying plaintiff's 11 request for judgment on the pleadings; denying defendant's 14 request for judgment on the p leadings; reversing the final decision of the Commissioner; remanding the case to the Commissioner of Social Security for further administrative proceedings; and directing the Clerk to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 6/18/2015. (cc: all counsel of record) (arb)

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

CIVIL CASE NO. 1:14-15147

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).

(Doc. No. 4).

Magistrate Judge

Eifert submitted her Proposed Findings and Recommendation
(“PF&R”) to the court on May 26, 2015, in which she recommended
that the district court deny plaintiff’s request for judgment on
the pleadings, deny the Commissioner’s request for judgment on
the pleadings, that the Commissioner’s decision be reversed,
that the matter be remanded for further proceedings pursuant to
sentence four of 42 U.S.C. § 405(g), and that the action be
dismissed, with prejudice, and removed from the court’s docket.1

1

Both parties submitted briefs in support of their respective
positions; the Magistrate Judge construed these briefs as
motions for judgment on the pleadings. (Doc. No. 13 at 1).
1

In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days, plus three mailing
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, DENIES plaintiff’s request
for judgment on the pleadings, (Doc. No. 11), DENIES defendant’s
request for judgment on the pleadings, (Doc. No. 14), REVERSES
the final decision of the Commissioner, REMANDS the case to the
Commissioner of Social Security for further administrative
proceedings, and DIRECTS the Clerk to remove this matter 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.

2

It is SO ORDERED this 18th day of June, 2015.
ENTER:

David A. Faber
Senior United States District Judge

3