Miller v. Colvin

Filing 11

MEMORANDUM OPINION AND ORDER ADOPTING and incorporating the 10 Findings and Recommendations by Magistrate Judge; the Court REMANDS the final decision of the Commissioner for further consideration under sentence four of 42 U.S.C. § 405(g), and DISMISSES this matter from the Court's docket. Signed by Judge Irene C. Berger on 2/26/2018. (cc: Magistrate Judge Tinsley; counsel of record; any unrepresented party) (kp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

CHRISTY DENISE MILLER,
Plaintiff,
v.

CIVIL ACTION NO. 2:16-cv-12370

NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

MEMORANDUM OPINION AND ORDER

On December 20, 2016, the Defendant filed her Complaint (Document 2) in this matter.
There are no cross-motions pending. By Standing Order (Document 4) entered on December 21,
2016, the action was referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge,
for submission to this Court of proposed findings of fact and recommendation for disposition,
pursuant to 28 U.S.C. § 636(b)(1)(B).
On February 2, 2018, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 10) wherein it is recommended that this Court remand the final
decision of the Commissioner for further consideration under sentence four of 42 U.S.C. § 405(g),
and dismiss this matter from the Court’s docket. Objections to the Magistrate Judge=s Proposed
Findings and Recommendation were due by February 20, 2018, but none were timely filed.

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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. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985); see also
Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983) (holding that districts courts may adopt
proposed findings and recommendations without explanation in the absence of objections).
Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge. The Court REMANDS the final decision of the
Commissioner for further consideration under sentence four of 42 U.S.C. § 405(g), and
DISMISSES this matter from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and
Order to Magistrate Judge Tinsley, counsel of record, and any unrepresented party.
ENTER:

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February 26, 2018