Broyles v. Colvin

Filing 17

MEMORANDUM OPINION AND ORDER ADOPTING 16 PROPOSED FINDINGS AND RECOMMENDATIONS by Magistrate Judge: The court adopts the factual and legal analysis contained within the PF&R, REVERSES the final decision of the Commissioner, REMANDS the case to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g), and DIRECTS the Clerk to remove this matter from the court's docket. Signed by Judge Senior David A. Faber on 8/15/2016. (cc: attys) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
MELVIN P. BROYLES, JR.,
Plaintiff,
v.

CIVIL CASE NO. 1:15-05704

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Order, this action was referred to United States
Magistrate Judge Omar J. Aboulhosn for submission of findings
and recommendations regarding disposition, pursuant to 28 U.S.C.
§ 636(b)(1)(B).

(Doc. No. 15).

Magistrate Judge Aboulhosn

submitted his Proposed Findings and Recommendation (“PF&R”) to
the court on July 25, 2016, in which he recommended that the
district court reverse the final decision of the Commissioner,
remand the case for further proceedings pursuant to sentence
four of 42 U.S.C. § 405(g), and that the action be dismissed
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
days, in which to file any objections to Magistrate Judge
Aboulhosn’s PF&R.

The failure of any party to file such

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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 the Magistrate Judge, the court adopts the
findings and recommendation contained therein.
Accordingly, the court adopts the factual and legal
analysis contained within the PF&R, REVERSES the final decision
of the Commissioner, REMANDS the case to the Commissioner of
Social Security for further administrative proceedings pursuant
to sentence four of 42 U.S.C. § 405(g), 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.
It is SO ORDERED this 15th day of August, 2016.
ENTER:

David A. Faber
Senior United States District Judge

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