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CLINE v. COLVIN, 5:14-cv-14568. (2015)

Court: District Court, S.D. West Virginia Number: infdco20150825c10 Visitors: 7
Filed: Aug. 24, 2015
Latest Update: Aug. 24, 2015
Summary: MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . 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
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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 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.

Source:  Leagle

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