Webb v. O'Malley
Filing
13
MEMORANDUM OPINION AND ORDER adopting the 12 Proposed Findings and Recommendation; directing that Plaintiff's 7 Request to Remand is GRANTED; Defendant's 8 Request to Affirm the Final Decision is REVERSED; this matter is REMANDED and DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 1/28/2025. (cc: certified copies to Magistrate Judge Tinsley, counsel of record, any unrepresented party) (kew)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MICHAEL W.,
Plaintiff,
v.
CIVIL ACTION NO. 2:24-cv-00006
MICHELLE A. KING,
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order (Document 3) entered on January 5, 2024, 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 10, 2025, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 12) wherein it is recommended that: the Plaintiff’s request for
remand (Document 7) be granted; the Defendant’s request to affirm the final decision (Document
8) be denied; the final decision of the Acting Commissioner be reversed; and the matter be
remanded to the Acting Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for
further administrative proceedings.
1
Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due
by January 24, 2025, 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
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 district 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 for remand (Document 7) be
GRANTED; the Defendant’s request to affirm the final decision (Document 8) be DENIED; the
final decision of the Acting Commissioner be REVERSED; the matter be REMANDED to the
Acting Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further
administrative proceedings; and this matter be DISMISSED 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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January 28, 2025
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