Wilcox v. Colvin

Filing 19

MEMORANDUM OPINION AND ORDER adopting and incorporating the 18 Proposed Findings and Recommendation by Magistrate Judge; the decision of the Commissioner is reversed; granting the Commissioner's 17 Motion for remand; this action is re manded pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings as outlined more fully in the Commissioner's unopposed motion for remand. Signed by Judge John T. Copenhaver, Jr. on 2/1/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
TERESA RENE WILCOX,
Plaintiff,
v.

Civil Action No. 16-0227

NANCY A. BERRYHILL,
Acting Commissioner of the Social
Security Administration,
Defendant.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L.
Tinsley, entered on January 12, 2017; and the magistrate judge
having recommended that the court grant the Commissioner’s
unopposed motion for remand, and having further recommended that
the court reverse the decision of the Commissioner, remand this
matter pursuant to sentence four of 42 U.S.C. § 405(g), and
dismiss this action from the docket of the court; and no
objection having been filed to the Proposed Findings and
Recommendation, it is ORDERED that:
1. The findings made in the Proposed Findings and
Recommendation of the magistrate judge be, and they hereby are,
adopted by the court and incorporated herein;

DOES 1 THROUGH 10, inclusive,
Defendants.
ORDER AND NOTICE
2. ThePursuant to L.R. Civ. P. 16.1, be, is ORDERED that the
decision of the Commissioner it and it hereby
following dates are hereby fixed as the time by or on which
certain events must occur:
is, reversed;
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter unopposed thereof. remand be,
3. The Commissioner’s in support motion for(All motions
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
and it hereby is, granted;
02/08/2016
Last day for Rule 26(f) meeting.
02/15/2016
Last day to file Report of Parties= Planning
4. This action be, and it hereby is, remanded pursuant
Meeting. See L.R. Civ. P. 16.1.
to sentence four of 42 U.S.C. § 405(g), for further proceedings
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd the Commissioner’s unopposed motion
as outlined more fully inUnited States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
directed to appear.
for remand.
02/29/2016

Entry of scheduling order.

The Clerk Last day to serve F.R. Civ. P 26(a)(1) disclosures.
is directed to forward copies of this
03/08/2016
written opinion and order to all counsel of record and the
The Clerk is requested to transmit this Order and
UnitedNotice to all counsel of record and to any unrepresented
States Magistrate Judge.
parties.
DATED: February 1, 2017
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge