Dunn v. Colvin

Filing 13

MEMORANDUM OPINION AND ORDER adopting and incorporating the 12 Proposed Findings and Recommendation by Magistrate Judge; granting defendant's 11 request for a remand; the decision of the Commissioner is reversed; and this action is rema nded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings as set forth in defendant's motion to remand. Signed by Judge John T. Copenhaver, Jr. on 4/26/2017. (cc: counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
TAMMY JEAN DUNN,
Plaintiff,
v.

Civil Action No. 16-8240

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 April 6, 2017; and the magistrate judge
having recommended that the court reverse the final decision of
the Commissioner,1 grant the Commissioner’s motion to remand,
remand this case for further proceedings, and dismiss this
matter from the court’s docket; and no objection having been
filed to the Proposed Findings and Recommendation, it is ORDERED
that:

While Carolyn W. Colvin was the Acting Commissioner of Social
Security when plaintiff commenced this action, Nancy Berryhill
became the Acting Commissioner on January 23, 2017.
1

LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
Defendants.
1. The findings made in the Proposed Findings and
ORDER AND NOTICE
Recommendation of the magistrate judge be, and they hereby are,
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following court and incorporated herein; time by or on which
adopted by the dates are hereby fixed as the
certain events must occur:
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
2. Defendant’s request for a remand be, and it hereby
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
is, granted;
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
3. The
02/08/2016 decision of for Rule 26(f) meeting. it hereby
Last day the Commissioner be, and
is, reversed;
02/15/2016

Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.

5. This action be, and it hereby is, remanded pursuant
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
to sentence four of the U.S.C. § 405(g), for canceled. Lead counsel
42 undersigned, unless further proceedings
directed to appear.
as set forth in defendant’s motion to remand.
02/29/2016
Entry of scheduling order.
03/08/2016
The Clerk Last day to serve F.R. Civ. P 26(a)(1) disclosures.
is directed to forward copies of this
written opinion The Clerk is requested to of record this the
and order to all counsel transmit and Order and
Notice to all counsel of record and to any unrepresented
United States Magistrate Judge.
parties.
DATED: January 2017
DATED: April 26, 5, 2016
John T. Copenhaver, Jr.
United States District Judge