Webb v. King

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

CHARLESTON DIVISION

MICHAEL W.,

Plaintiff,

v. CIVIL ACTION NO. 2:24-cv-00006

MICHELLE A. KING, Acting Commissioner of Social Security,

Defendant.

MEMORANDUM OPINION AND ORDER

By Standing Order (Document 3) entered on January 5, 2024, 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 January 10, 2025, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 12) wherein it is recommended that: the Plaintiff’s request for remand (Document 7) be granted; the Defendant’s request to affirm the final decision (Document 8) be denied; the final decision of the Acting Commissioner be reversed; and the matter be remanded to the Acting Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings.

1 Objections to the Magistrate Judge’s Proposed Findings and Recommendation were due by January 24, 2025, 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 district 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 as contained in the Proposed Findings and Recommendation. The Court ORDERS that: the Plaintiff's request for remand (Document 7) be GRANTED; the Defendant’s request to affirm the final decision (Document 8) be DENIED; the final decision of the Acting Commissioner be REVERSED; the matter be REMANDED to the Acting Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings; 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. ENTER: January 28, 2025 Dire. Benger’ UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA