Mash v. Colvin

Filing 16

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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON BONITA PAULINE MASH, Plaintiff, v. Civil Action No. 16-0482 CAROLYN W. COLVIN, 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 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, Defendants. 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: 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. (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; 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 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. for remand. 02/29/2016 Entry of scheduling order. The Clerk Lastdirected serve F.R. Civ. P 26(a)(1) disclosures. is day to 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 Notice to all counsel of record and to any unrepresented United States Magistrate Judge. parties. DATED: October 17, 2016 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge

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