Terry v. Colvin

Filing 15

MEMORANDUM OPINION AND ORDER accepting and incorporating the 14 Proposed Findings and Recommendations by Magistrate Judge Tinsley; granting Defendant's 13 Motion to Remand Case to Commissioner of Social Security Administration; remanding th is case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g); entering final judgment; and dismissing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 11/3/2015. (cc: counsel of record; any unrepresented parties) (jsa)

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

SUSAN TERRY o/b/o the Minor
Children of Robert Terry, deceased,
Plaintiff,
v.

CIVIL ACTION NO. 3:14-25933

CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

MEMORANDUM OPINION AND ORDER

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 recommendations for
disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings
of fact and recommended that the Court grant Defendant’s Motion for Remand (ECF NO. 13),
remand this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g),
enter final judgment, and dismiss this matter from the Court’s docket. Neither party has filed
objections to the Magistrate Judge’s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and GRANTS Defendant’s Motion for Remand (ECF NO. 13),
REMANDS this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. §
405(g), ENTERS final judgment, and DISMISSES this matter from the Court’s docket, consistent
with the findings and recommendations.

The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.

ENTER:

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November 3, 2015