Cline v. Saul

Filing 19

MEMORANDUM OPINION AND ORDER adopting the 18 Proposed Findings and Recommendations; directing that the 16 Request is granted and the 17 Request is denied. The final decision of the Commissioner is reversed and this matter is remanded for further proceedings. Signed by Judge Irene C. Berger on 2/3/2021. (cc: counsel of record; any unrepresented party, Magistrate Judge tinsley) (lca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
THOMAS DWIGHT CLINE,
Plaintiff,
v.

CIVIL ACTION NO. 2:20-cv-00182

ANDREW SAUL,
Commissioner of Social Security,
Defendant.

MEMORANDUM OPINION AND ORDER
By Standing Order (Document 3) entered on March 16, 2020, this 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 January 13, 2021, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 18) wherein it is recommended that the Plaintiff’s request to reverse
the Commissioner’s decision be granted, the Defendant’s request to affirm the Commissioner’s
decision be denied, the final decision of the Commissioner be reversed, and this matter be
remanded for further proceedings.
Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due
by January 27, 2021, and none were filed by either party. 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
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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 as contained in the Proposed Findings and
Recommendation. The Court ORDERS that the Plaintiff’s request to reverse the Commissioner’s
decision (Document 16) be GRANTED, the Defendant’s request to affirm the Commissioner’s
decision (Document 17) be DENIED, the final decision of the Commissioner be REVERSED,
and this matter be REMANDED for further proceedings.
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 3, 2021