Moss v. Saul ( 2017 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION CRYSTAL DANIELLE MOSS, Plaintiff, v. CIVIL ACTION NO. 2:16-cv-05016 NANCY A. BERRYHILL, Commissioner of Social Security, Defendant. ORDER This action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. On April 27, 2017, Judge Eifert submitted her Proposed Findings & Recommendations [ECF No. 16] (“PF&R”) and recommended that the court GRANT Plaintiff’s motion for summary judgment, [ECF No. 9], to the extent that it requests remand of the Commissioner's decision; DENY Defendant's request to affirm the decision of the Commissioner, [ECF No. 12]; REVERSE the final decision of the Commissioner; REMAND this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the PF&R; and DISMISS this action from the docket of the court. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, 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. Thomas v. Arn, 474 U.S. 140, 150 (1985). Because the parties have not filed objections in this case, the court accepts and incorporates herein the PF&R and orders judgment consistent therewith. The court GRANTS Plaintiff's motion for summary judgment, [ECF No. 9], to the extent that it requests remand of the Commissioner's decision; DENIES Defendant's request to affirm the decision of the Commissioner, [ECF No. 12]; REVERSES the final decision of the Commissioner; REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the PF&R; and DISMISSES this action from the docket of the court. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: September 27, 2017 Ip G ew STATES DISTRICT JUDGE