Opinion
CIVIL ACTION NO. 1:13CV177
07-07-2014
WILLIAM LINABURG, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
(Judge Keeley)
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT
AND RECOMMENDATION AND DISMISSING THE CASE
WITH PREJUDICE FROM THIS COURT'S ACTIVE DOCKET
Pursuant to 28 U.S.C. §636(b)(1)(B), Rule 72(b), Federal Rules of Civil Procedure and Local Court Rule 4.01(d), on July 31, 2013, the Court referred this Social Security action to United States Magistrate James E. Seibert ("Magistrate Judge Seibert") with directions to submit proposed findings of fact and a recommendation for disposition.
On June 11, 2014, Magistrate Judge Seibert filed his Report and Recommendation ("R&R")(dkt. no. 12), and directed the parties, in accordance with 28 U.S.C. §636(b)(1) and Rule 6(e), Fed. R. Civ. P., to file any written objections with the Clerk of Court within fourteen (14) days after being served with a copy of the R&R. He further directed the parties that failure to file objections would result in a waiver of the right to appeal from the judgment of this Court. As of this date, the parties have not filed any objections and the time in which to do so has expired.
Upon consideration of Magistrate Judge Seibert's recommendation and having received no written objections, the Court accepts and approves the R&R and ORDERS this civil action disposed of in accordance with the recommendation of the magistrate judge. Accordingly,
The parties' failure to object to the Report and Recommendation not only waives their appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issues presented. See Wells v. Shriners Hospital, 109 F.3d 198, 199-200 (4
1. Linaburg's motion for Summary Judgment (dkt. no. 8) is GRANTED-IN-PART;
2. The Commissioner's motion for Summary Judgment (dkt. no. 10)is DENIED;
3. The case is REMANDED to the Commissioner for further consideration pursuant to the recommendations contained in the R&R; and
4. This civil action is DISMISSED WITH PREJUDICE and RETIRED from the docket of this Court.
Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of this Order to counsel of record.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
th Cir. 1997); Thomas v. Arn,474 U.S. 140,148-153 (1985).