Mullins et al v. Colvin

Filing 16

MEMORANDUM OPINION AND ORDER: The court adopts the Findings and Recommendations of Magistrate Judge Aboulhosn as follows: Plaintiff's brief in support of the Complaint is GRANTED; Defendant's brief in support of the Commissioner's dec ision is DENIED; the final decision of the Commissioner is REVERSED; the case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings as outlined in the Proposed Findings and Recommendation; and this Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 7/28/2016. (cc: attys) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
KRISTY MULLINS
o/b/o BENNY JUNIOR MULLINS II,
Plaintiff,
v.

CIVIL ACTION NO. 1:15-04852

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 Omar J. Aboulhosn for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Aboulhosn submitted to

the court his Proposed Findings and Recommendation (“PF&R”) on
July 8, 2016, in which he recommended that the court grant
plaintiff’s motion for judgment on the pleadings,* deny
defendant’s motion for judgment on the pleadings, reverse the
final decision of the Commissioner, remand the case to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for
further proceedings as outlined in the PF&R, and dismiss this
matter from the court’s docket.

*

The parties actually filed briefs in support of their
respective positions and not motions for judgment on the
pleadings.

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 Aboulhosn'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 Aboulhosn as follows:
1.

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

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 pursuant
to the fourth sentence of 42 U.S.C. § 405(g) 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.

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The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED this 28th of July, 2016.
ENTER:

David A. Faber
Senior United States District Judge

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