Myers v. Berryhill

Filing 15

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 14 Proposed Findings and Recommendation of Magistrate Judge Dwane L. Tinsley; GRANTS Plaintiff's 12 Brief in Support of Complaint to the extent she seeks remand; DENIES Defendant's 13 Brief in Support of the Commissioner's Decision; REVERSES the final decision of the Commissioner; and REMANDS the case to the Commissioner for further proceedings. The Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 3/20/2018. (cc: counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
MELISSA BETH MYERS,
Plaintiff,
v.

CIVIL ACTION NO. 1:17-01999

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 Dwane L. Tinsley for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge Tinsley submitted to the

court his Proposed Findings and Recommendation (“PF&R”) on
February 28, 2018, in which he recommended that the court grant
the plaintiff’s brief in support of judgment on the pleadings*;
deny defendant’s brief in support of 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

*

Plaintiff actually filed a brief in support of the
Complaint and Motion to Remand. See ECF No. 12.

which to file any objections to Magistrate Judge Tinsley'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 Tinsley as follows:
1.

Plaintiff’s Brief in Support of Complaint is
GRANTED to the extent she seeks remand pursuant to
sentence four of 42 U.S.C. § 405(g);

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.

The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
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IT IS SO ORDERED this 20th of March, 2018.
ENTER:
David A. Faber
Senior United States District Judge

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