Sammons v. Saul

Filing 17

MEMORANDUM OPINION AND ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS adopting and incorporating the 16 Proposed Findings and Recommendations; granting 13 Plaintiff's motion for judgment on the pleadings, to the extent that it requests remand; denying 14 Defendant's request to affirm the decision of the Commissioner; dismissing this action from the court's docket. Signed by Judge Joseph R. Goodwin on 4/30/2020. (cc: attys; any unrepresented party) (klc)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MICHAEL RAY SAMMONS
Plaintiff,
v.

CIVIL ACTION NO. 2:19-cv-00319

ANDREW SAUL,
Commissioner of Social Security,
Defendant.

MEMORANDUM OPINION AND ORDER
This action was referred to United States Magistrate Judge Cheryl A. Eifert
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 March 31, 2020, Magistrate
Judge Eifert submitted the Proposed Findings of Fact and Recommendation
(“PF&R”), [ECF No. 16], recommending the court grant Plaintiff’s motion for
judgment on the pleadings, to the extent that it requests remand, [ECF No. 13]; deny
Defendant’s request to affirm the decision of the Commissioner, [ECF No. 14]; and
dismiss this action from the docket. To date, no objections to Magistrate Judge
Eifert’s PF&R have been filed, and the time period for the filing of objections has
passed.
Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For
the reasons stated, the court GRANTS Plaintiff’s motion for judgment on the

pleadings, to the extent that it requests remand, [ECF No. 13]; DENIES Defendant’s
request to affirm the decision of the Commissioner, [ECF No. 14]; and DISMISSES
this action from the court’s docket. The court DIRECTS the Clerk to send a copy of
this Order to counsel of record and any unrepresented party.

ENTER:

April 30, 2020