Carbaugh v. Colvin

Filing 11

MEMORANDUM OPINION AND ORDER: the Court ADOPTS the PF&R and GRANTS defendant's 9 MOTION to Remand Case to Commissioner. This case is REMANDED to the Commissioner of Social Security for further proceedings. This action is DISMISSED from the court's active docket. Signed by Judge David A. Faber on 11/9/2015. (cc: counsel of record) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
BARBARA S. CARBAUGH,
Plaintiff,
v.

CIVIL CASE NO. 1:15-02090

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 recommendations regarding disposition, pursuant to
28 U.S.C. § 636(b)(1)(B).

(Doc. No. 3).

Magistrate Judge

Tinsley submitted his Proposed Findings and Recommendation
(“PF&R”) to the court on October 9, 2015, in which he
recommended that the district court grant defendant’s motion to
remand, (Doc. No. 9), remand the case to the Commissioner for
further proceedings pursuant to the fourth sentence of 42 U.S.C.
§ 405(g), and dismiss this matter from the court’s docket.
(Doc. No. 10).
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

Tinsley’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 allotted period.

Having reviewed the

PF&R filed by Magistrate Judge Tinsley, the court adopts the
findings and recommendation contained therein.
Accordingly, the court ADOPTS the factual and legal
analysis contained within the PF&R and GRANTS defendant’s motion
to remand.

(Doc. No. 9).

This case is REMANDED to the

Commissioner of Social Security for further proceedings before
an Administrative Law Judge as specified by the Commissioner
pursuant to the provisions of sentence four of 42 U.S.C. §
405(g).

This action is DISMISSED from the court’s active

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 9th day of November, 2015.
ENTER:

David A. Faber
Senior United States District Judge

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