Thomas v. Astrue
Filing
15
MEMORANDUM OPINION AND ORDER The Court adopts the re: 14 Proposed Findings and Recommendations by Magistrate Judge as follows: Plaintiff's Motion for Judgment on the Pleadings is Granted; Defendant's Motion for Judgment on the Pleadings is Denied; the final decision of the Commissioner is Reversed; the case is Remanded to the Commissioner for further proceedings as outlined in the Proposed Findings and Recommendation; and the Clerk is directed to remove this case from the court's active docket. Signed by Judge David A. Faber on 10/12/2011. (cc: attys; any unrepresented party) (skm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT HUNTINGTON
JAMES N. THOMAS,
Plaintiff,
v.
CIVIL ACTION NO. 3:10-01210
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Cheryl A. Eifert for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).
Magistrate Judge Eifert submitted to the
court her Findings and Recommendation on September 16, 2011, in
which she recommended that the court grant plaintiff's motion for
judgment on the pleadings, deny defendant’s motion for judgment
on the pleadings, reverse the final decision of the Commissioner,
remand the case to the Commissioner pursuant to sentence four of
42 U.S.C. § 405(g) for further proceedings, and dismiss this
matter from the court’s docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge Eifert's
Findings and Recommendation.
The failure of any party to file
such objections within the time allowed constitutes a waiver of
such party's right to a de novo review by this court.
Snyder v.
Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Neither party filed any objections to the Magistrate
Judge's Findings and Recommendations within the required time
period.
Accordingly, the court adopts the Findings and
Recommendations of Magistrate Judge Eifert as follows:
1.
Plaintiff’s Motion for Judgment on the Pleadings
is GRANTED;
2.
Defendant’s Motion for Judgment on the Pleadings
is DENIED
3.
The final decision of the Commissioner is
REVERSED;
4.
The case is REMANDED to the Commissioner pursuant
to the fourth sentence of 42 U.S.C. § 405(g) for
further proceedings as outlined in the Proposed
Findings and Recommendation; and
5.
This Clerk is directed to remove this case from
the court’s active docket.
The Clerk is directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED this 12th of October, 2011.
ENTER:
David A. Faber
Senior United States District Judge
2
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