Lovern v. Colvin

Filing 18

MEMORANDUM OPINION AND ORDER adopting the 17 Proposed Findings and Recommendation; remanding this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g); and directing this case removed from the Court's docket. Signed by Judge Thomas E. Johnston on 5/15/2015. (cc: counsel of record; any unrepresented party) (taq)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION VICKI LYNN LOVERN, Plaintiff, v. CIVIL ACTION NO. 2:14-cv-15423 CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. MEMORANDUM OPINION AND ORDER Before the Court is Defendant’s Motion to Remand [ECF 15]. On April 29, 2014, this action was referred to United States Magistrate Dwane L. Tinsley for submission of proposed findings and a recommendation (“PF&R”). Magistrate Judge Tinsley filed his PF&R [ECF 17] on April 22, 2015, recommending that this Court remand this case for further proceedings and dismiss this matter from the Court’s docket. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner’s right to appeal this Court’s Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a de novo review when a party “makes general and conclusory objections that do not direct the Court to a specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). Objections to the PF&R were due on May 11, 2015. To date, no objections have been filed. Accordingly, the Court ADOPTS the PF&R [ECF 17], REMANDS this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and DIRECTS the Clerk to remove this case from the Court’s docket. A separate Judgment Order will enter this day implementing the rulings contained herein. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: May 15, 2015

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