Cline v. Colvin

Filing 14

MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendations of the Magistrate Judge. The Court ORDERS that the Defendant's 8 Motion to Dismiss plaintiff's Complaint be DENIED, the Plaintiff� 39;s 12 Opposition to Defendant's Motion to Dismiss be GRANTED, this matter be DISMISSED from the Court's docket, and the case be REMANDED for further proceedings pursuant to 42 U.S.C. Section 405(g). Signed by Judge Irene C. Berger on 8/24/2015. (cc: USMJ Tinsley; attys; any unrepresented party) (msa)

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

DEBRA LEA CLINE,
Plaintiff,
v.

CIVIL ACTION NO. 5:14-cv-14568

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

MEMORANDUM OPINION AND ORDER

By Standing Order (Document 4) entered on May 1, 2014, 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 July 31, 2015, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 13) wherein it is recommended that this Court deny the Defendant’s
Motion to Dismiss Plaintiff’s Complaint (Document 8), grant the Plaintiff’s Opposition to
Defendant’s Motion to Dismiss (Document 12), dismiss this matter from the Court’s docket, and
remand the case for further proceedings pursuant to 42 U.S.C. § 405(g).
Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by
August 17, 2015, 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
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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. The Court ORDERS that the Defendant’s Motion to
Dismiss Plaintiff’s Complaint (Document 8) be DENIED, the Plaintiff’s Opposition to
Defendant’s Motion to Dismiss (Document 12) be GRANTED, this matter be DISMISSED from
the Court’s docket, and the case be REMANDED for further proceedings pursuant to 42 U.S.C. §
405(g).
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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August 24, 2015