Opinion
CIVIL ACTION NO. 2:13-cv-20573
02-09-2015
HERMAN LEE COOK, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
Pending before the Court are the parties' motions for judgment on the pleadings. (ECF 10 & 11.) By Standing Order entered on April 8, 2013, and filed in this case on July 24, 2013, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of proposed findings and a recommendation for disposition ("PF&R"). (ECF 4.) Magistrate Judge Eifert filed her PF&R on January 20, 2015, which recommends that this Court grant Plaintiff's motion to remand, (ECF 10), deny Defendant's request to affirm the decision of the Commissioner of the Social Security Administration ("Commissioner") denying Claimant's application for supplemental security income, (ECF 11), reverse the final decision of the Commissioner, remand this matter, and dismiss this action from the docket of the Court. (ECF 12.)
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. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the Plaintiff's right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct a de novo review when a party "makes general and conclusory objections that do not direct the Court to a specific error in the magistrate's proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982).
Objections to the PF&R in this case were due by February 6, 2015. To date, no objections were filed.
Accordingly the Court ADOPTS the PF&R, GRANTS Plaintiff's motion for a remand, (ECF 10), DENIES Defendant's request to affirm the decision of the Commissioner, (ECF 11), 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 to determine if Claimant's impairments meet or equal listing 12.05C, and DISMISSES this action from the docket of the Court.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.
ENTER: February 9, 2015
/s/_________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE