Lockhart v. Colvin

Filing 15

MEMORANDUM OPINION AND ORDER: The court adopts the 14 Findings and Recommendations of Magistrate Judge Eifert as follows: 1. Plaintiff's 11 Motion for Summary Judgment is GRANTED to the extent he seeks remand pursuant to sentence four of 42 U.S.C. § 405(g); 2. Defendant's Brief in Support of Defendant'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. &# 167; 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. Signed by Senior Judge David A. Faber on 4/25/2017. (cc: counsel of record) (mk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
BUTCH BRIAN LOCKHART,
Plaintiff,
v.

CIVIL ACTION NO. 1:16-05216

NANCY A. BERRYHILL,
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 recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Eifert submitted to the

court her Proposed Findings and Recommendation (“PF&R”) on March
21, 2017, in which she recommended that the court grant the
plaintiff’s motion for summary judgment to the extent that he
seeks remand; deny defendant’s request to affirm the
Commissioner’s decision; 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.
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 Eifert'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 Eifert as follows:
1.

Plaintiff’s Motion for Summary Judgment is GRANTED
to the extent he seeks remand pursuant to sentence
four of 42 U.S.C. § 405(g);

2.

Defendant’s Brief in Support of Defendant’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.

The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.

2

IT IS SO ORDERED this 25th of April, 2017.
ENTER:

David A. Faber
Senior United States District Judge

3