Summary
rejecting the defendant's argument that ALJ's in-depth analysis at part two implied that ALJ must have found for the plaintiff at part one, because Craig "imposes on the ALJ a duty to expressly state whether the objective evidence shows an impairment that could cause the pain claimed"
Summary of this case from Harris v. BerryhillOpinion
CIVIL ACTION NO. 2:06cv94.
March 13, 2008
ORDER
The above-styled matter is before the Court for consideration of the Report and Recommendation of United States Magistrate Judge John S. Kaull. Magistrate Judge Kaull filed his Report and Recommendation on January 28, 2008, wherein the parties were directed, in accordance with 28 U.S.C. § 636(b)(1), to file with the Clerk of Court any written objections within ten (10) days after being served with a copy of the Report and Recommendation. No objections have been filed. Accordingly, the Court will review the Magistrate's Report and Recommendation for clear error.
The failure of a party to object to a Report and Recommendation waives the party's right to appeal from a judgment of this Court based thereon and, additionally, 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 (4th Cir. 1997); Thomas v. Arn, 474 U.S. 140, 148-153 (1985).
Upon examination of the report from the Magistrate Judge, it appears to the Court that the issues raised in the cross motions for summary judgment were thoroughly considered by Magistrate Judge Kaull in his Report and Recommendation. The Court, reviewing all matters now before it for clear error, is of the opinion that the Report and Recommendation accurately reflects the law applicable to the facts and circumstances before the Court in this action. Therefore, it is
ORDERED that Magistrate Judge Kaull's Report and Recommendation be, and hereby is, accepted in whole and that this civil action be disposed of in accordance with the recommendation of the Magistrate Judge. Accordingly, it is
ORDERED that the Defendant's Motion for Summary Judgment be, and the same hereby is, DENIED. It is further
ORDERED that the Plaintiff's Motion for Summary Judgment be, and the same hereby is, GRANTED in part. It is further
ORDERED that this matter is REVERSED AND REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. §§ 405(g) and 1383(c)(3), for the limited and sole purpose of conducting the step one pain analysis as required in Craig, to wit: making a determination whether Davis had demonstrated by objective medical evidence an impairment capable of causing the degree and type of pain she alleges, as more fully set forth in Magistrate Judge Kaull's Report and Recommendation. It is further
ORDERED that the Clerk of Court shall enter judgment reversing the decision of the Defendant and remanding the case to the Defendant for further proceedings and shall thereafter DISMISS this action from the docket of the Court.
The Clerk of Court is directed to enter a separate judgment order and to send a copy of this Order to all counsel of record.