Meadows v. Saul

Full title: MARK MEADOWS, Plaintiff, v. ANDREW SAUL, Commissioner of the Social…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD

Date published: Oct 1, 2020

CIVIL ACTION NO. 1:19-00739 (S.D.W. Va. Oct. 1, 2020)

Opinion

CIVIL ACTION NO. 1:19-00739

10-01-2020

MARK MEADOWS, Plaintiff, v. ANDREW SAUL, Commissioner of the Social Security Administration, Defendant.

David A. Faber Senior United States District Judge

MEMORANDUM OPINION AND ORDER

By Standing Order, this action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Tinsley submitted to the court his Proposed Findings and Recommendation ("PF&R") on July 22, 2020, in which he recommended that the court grant the plaintiff's request to reverse the Commissioner's decision; deny defendant's request to affirm the Commissioner's decision; reverse the final decision of the Commissioner, and remand the case to the Commissioner for further proceedings as outlined in the PF&R.

In accordance with the provisions of 28 U.S.C. § 636(b), plaintiff was allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge Tinsley's Proposed Findings and Recommendation. The failure of any party to file such objections within the time allowed constitutes a waiver of such party's right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989).

Neither party filed any objections to the Magistrate Judge's Findings and Recommendations within the required time period. Accordingly, the court adopts the Findings and Recommendations of Magistrate Judge Tinsley as follows:

1. Plaintiff's Request to reverse the Commissioner's decision is GRANTED;

2. Defendant's Request to Affirm the Commissioner's Decision is DENIED;

3. The final decision of the Commissioner is REVERSED;

4. The case is REMANDED to the Commissioner for further proceedings as outlined in the Proposed Findings and Recommendation; and

5. This Clerk is directed to remove this case from the court's active docket.

The Clerk is directed to forward a copy of this Memorandum Opinion and Order to counsel of record.

IT IS SO ORDERED this 1st of October, 2020.

ENTER:

/s/_________

David A. Faber

Senior United States District Judge