Opinion
CIVIL ACTION NO. 2:16-cv-12370
02-26-2018
CHRISTY DENISE MILLER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
MEMORANDUM OPINION AND ORDER
On December 20, 2016, the Defendant filed her Complaint (Document 2) in this matter. There are no cross-motions pending. By Standing Order (Document 4) entered on December 21, 2016, the 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 February 2, 2018, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 10) wherein it is recommended that this Court remand the final decision of the Commissioner for further consideration under sentence four 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 February 20, 2018, but none were timely filed.
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 REMANDS the final decision of the Commissioner for further consideration under sentence four of 42 U.S.C. § 405(g), and DISMISSES this matter 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.
ENTER: February 26, 2018
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA