Barr v. Berryhill

Full title: KRISTINA MARIE BARR, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ELKINS

Date published: Jun 28, 2017

Civil Action No. 2:16-CV-42 (N.D.W. Va. Jun. 28, 2017)

Opinion

Civil Action No. 2:16-CV-42

06-28-2017

KRISTINA MARIE BARR, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

Judge Bailey

( ) ORDER ADOPTING REPORT AND RECOMMENDATION

On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Michael John Aloi [Doc. 16] dated June 13, 2017, to which neither party filed objections. Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections to the magistrate judge's proposed findings and recommendation permits the District Court to review the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties' right to de novo review is waived. See Webb v . Califano , 468 F.Supp. 825 (E.D. Cal. 1979). Service was accepted on the date the R&R was filed, June 13, 2017. To date, no objections have been filed; accordingly, this Court will review the R&R for clear error.

Upon review of the above, it is the opinion of this Court that the Report and Recommendation [Doc. 16] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated therein. Accordingly, the Commissioner's decision denying the plaintiff's application for Disability Insurance Benefits and Supplemental Security Income is not supported by substantial evidence. As such, the Plaintiff's Motion for Summary Judgment [Doc. 11] is GRANTED, the Defendant's Motion for Summary Judgment [Doc. 13] is DENIED, and the decision of the Commissioner is VACATED and this case is REMANDED for further proceedings consistent with the magistrate judge's Report and Recommendation. As a final matter, this matter is hereby ORDERED STRICKEN from the active docket of this Court.

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to all counsel of record.

DATED: June 28, 2017.

/s/ _________

JOHN PRESTON BAILEY

UNITED STATES DISTRICT JUDGE