Mash v. Colvin
MEMORANDUM OPINION AND ORDER adopting and incorporating the 13 Proposed Findings and Recommendation by Magistrate Judge; the decision of the Commissioner is reversed; granting the Commissioner's 12 Motion for Remand; this action is rem anded 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 10/17/2016. (cc: counsel of record; United States Magistrate Judge) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
BONITA PAULINE MASH,
Civil Action No. 16-0482
CAROLYN W. COLVIN,
Acting Commissioner of the Social
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Omar J.
Aboulhosn, entered on June 16, 2016; 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 or vacate 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,
ORDER AND NOTICE
2. The decision of the Civ. P. 16.1, be, is ORDERED that the
Pursuant to L.R. Commissioner it and it hereby
following dates are hereby fixed as the time by or on which
certain events must occur:
Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter unopposed thereof. (All motions
3. The Commissioner’s in support motion for remand be,
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
and it hereby is, granted;
Last day for Rule 26(f) meeting.
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
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
as outlined more fully in the Commissioner’s unopposed motion
the undersigned, unless canceled. Lead counsel
directed to appear.
Entry of scheduling order.
The Clerk Lastdirected serve F.R. Civ. P 26(a)(1) disclosures.
is day to to forward copies of this
written opinion and order to all counsel of record and the
The Clerk is requested to transmit this Order and
Notice to all counsel of record and to any unrepresented
United States Magistrate Judge.
DATED: October 17, 2016
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge
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