Fox v. Astrue
Filing
13
MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 12 Proposed Findings and Recommendation. The Court ORDERS that the Plaintiff's 7 motion for judgment on the pleadings be GRANTED; the Defendant's 10 motion for judgment on the pleadings be DENIED; the final decision of the Commissioner be REVERSED; this matter be REMANDED for further proceedings consistent with the Proposed Findings and Recommendation pursuant to the fourth sentence of 42 U.S.C. Section 405(g); and that this matter be DISMISSED from the Court's docket. Signed by Judge Irene C. Berger on 3/18/2014. (cc: USMJ VanDervort; attys; any unrepresented party) (msa)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
BRYAN W. FOX,
Plaintiff,
v.
CIVIL ACTION NO. 5:12-cv-05784
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order (Document 3) entered on September 24, 2012, this action was referred
to the Honorable R. Clarke VanDervort, 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 February 26, 2014, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 12) wherein it is recommended that this Court grant the Plaintiff=s
motion for judgment on the pleadings; deny the Defendant=s motion for judgment on the pleadings;
reverse the final decision of the Commission; remand this matter for further proceedings consistent
with the Proposed Findings and Recommendation; and dismiss this matter from the Court’s
docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due
by March 17, 2014.
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Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and
Recommendation. 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 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 motion for judgment on the pleadings
(Document 7) be GRANTED; the Defendant=s motion for judgment on the pleadings (Document
10) be DENIED; the final decision of the Commissioner be REVERSED; this matter be
REMANED for further proceedings consistent with the Proposed Findings and Recommendation
pursuant to the fourth sentence of 42 U.S.C. § 405(g); 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 VanDervort, counsel of record, and any unrepresented party.
ENTER:
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March 18, 2014
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