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 July 31, 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 August 3, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 14) wherein it is recommended that this Court d
Summary: MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . By Standing Order (Document 4) entered on July 31, 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 August 3, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 14) wherein it is recommended that this Court de..
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MEMORANDUM OPINION AND ORDER
IRENE C. BERGER, District Judge.
By Standing Order (Document 4) entered on July 31, 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 August 3, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 14) wherein it is recommended that this Court deny the Plaintiff's Brief in Support of the Motion for Summary Judgment (Document 12), affirm the Defendant's Brief in Support of Defendant's Decision (Document 13), reverse the final decision of the Commissioner, remand this case for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and dismiss this matter from the Court's docket.
Objections to the Magistrate Judge's Proposed Findings and Recommendation were due by August 20, 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 Plaintiff's Brief in Support of the Motion for Summary Judgment (Document 12) be DENIED, the Defendant's Brief in Support of Defendant's Decision (Document 13) be AFFIRMED, the final decision of the Commissioner be REVERSED, this case be REMANDED for further proceedings 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 Tinsley, counsel of record, and any unrepresented party.
